Wisconsin joins multistate coalition challenging abortion pill removal

MADISON, Wis. (CBS 58) -- Attorney General Josh Kaul announced Wisconsin has joined a multistate coalition of attorneys general in challenging a decision from Texas that could restrict access to the abortion medication mifepristone nationwide.

Wisconsin joined 22 states, including the District of Columbia, urging the U.S. Court of Appeal for the Fifth Circuit to block the enforcement of a lower court's action while the Department of Justice appeals the decision to remove the drug off the market.

“The months following the Supreme Court’s decision to overturn Roe v. Wade have made it clearer than ever how vital it is for women to have access to the full array of lifesaving reproductive health care services—without interference from politicians,” said Kaul. “Mifepristone has been used safely for years, and the misguided district court order that would prevent the use of mifepristone must be blocked.”

In the amicus brief, the coalition warns revoking federal approval of the medication could have devastating consequences to abortion care and miscarriage management for millions. It argues mifepristone is safe and effective, noting the drug is not only used for abortions, but also for early pregnancy loss.

On Friday, a federal judge in Texas blocked the FDA's approval of the drug which has been used by more than 5 million women to safely end their pregnancies, according to the Justice Department.

The judge did put a hold on the ruling for a week to allow for an appeal, which the Justice Department filed Monday.

Kaul and the coalition urge the appeals court to continue to stay the lower court's decision pending the appeal, noting the over two-decades of research and studies by the U.S. Food and Drug Administration (FDA) on mifepristone safety and role it plays in reproductive health care.

In an interview Monday, Planned Parenthood of Wisconsin told CBS 58 that even though the state has a near-total abortion ban on the books, the removal of mifepristone would dramatically impact women's ability to seek abortion care out-of-state and impact treating a miscarriage.