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Federal judge in Washington issues conflicting ruling on abortion pill mifepristone: Oregon AG

FILE - Boxes of the drug mifepristone sit on a shelf at the West Alabama Women's Center in Tuscaloosa, Ala., March 16, 2022. A federal judge in Texas on Friday, April 7, 2023, ordered a hold on the U.S. approval of the abortion medication mifepristone, throwing into question access to the nation’s most common method of abortion in a ruling that waved aside decades of scientific approval. Federal lawyers representing the FDA are expected to swiftly appeal the ruling. (AP Photo/Allen G. Breed, File)

PORTLAND, Ore. (KOIN) — After a federal judge in Texas issued a stay of an abortion drug on Friday evening, Oregon’s attorney general says a lawsuit led by Oregon and Washington won its case to preserve mifepristone access.

The case, which was joined by 16 other states, was decided by a federal judge in eastern Washington, according to Oregon AG Ellen Rosenblum.

“My team is carefully reviewing both orders right now, and we will have more to say soon,” Rosenblum tweeted Friday afternoon.

The Hill reported District Court Judge Matthew Kacsmaryk, who was appointed by former President Donald Trump, issued the stay that will halt the prescribing and distribution of mifepristone in seven days. The stay gives the federal government a chance to appeal and seek relief before the ruling goes into effect.

However, the ruling from U.S. District Judge Thomas Rice, who was appointed by former President Barack Obama, stops the FDA from “altering the status quo and rights” for mifepristone availability in 17 states and Washington D.C., The Hill reported, which added the rulings could make their way to the U.S. Supreme Court.

Meanwhile, Oregon Gov. Tina Kotek released a statement that said in part, “As we sort out the impact of this ruling, hear me loud and clear: abortion is still accessible and legal in Oregon.”

Mifepristone is one of two drugs approved by the FDA to use in medication abortions and has been on the market in the U.S. for more than two decades.

Earlier this week, the state of Washington bought a three-year supply of the drug. Washington Gov. Jay Inslee said the state “will not waver in our commitment to protecting reproductive freedom.”

In a tweet, Oregon’s U.S. Sen. Ron Wyden called the ruling “devastating” and said it “has no basis in law and will ban the most common method of abortion in EVERY single state.”

Washington’s Sen. Patty Murray shared her concern about the Texas ruling in a statement.

“If left to stand, this outrageous decision will deny millions of women will deny millions of women across the country the ability to get the abortion care they need — creating chaos as patients seek alternative options and as doctors are forced to navigate a shifting, chaotic legal landscape to simply care for their patients,” she said. “Like so many across the country, I am relieved to see that a separate federal judge has ruled to protect access to mifepristone. It’s critical patients can get the essential care they need in this confusing moment, and I trust the administration will act quickly to protect patients’ access to mifepristone.”