Media Contact

Mike Brickner
Executive Director
mbrickner@aclu-de.org

April 7, 2023

This statement is from the Reproductive Advocacy Alliance of Delaware, which includes ACLU of Delaware, Black Mothers in Power, Delaware NOW!, First State Abortion Fund, Planned Parenthood of Delaware, Southern Delaware Alliance for Racial Justice, and Women’s March Sussex.

Today’s ruling by Judge Matthew Kacsmaryk in Texas is yet another example of the ongoing attack on reproductive rights in this country. This decision bans mifepristone, one of two medicines used in medication abortions, which account for over half of the abortions in the country. The impact of this ruling will be felt across the country, including within Delaware. The decision has been stayed for seven days, and we expect the government to file an emergency appeal.

Importantly, the U.S. District Court for the Eastern District of Washington State also issued a ruling moments after the TX ruling that forbids the FDA from restricting access to mifepristone. These competing federal court rulings must be sorted out in the coming days, but the important message for people who wish to seek medication abortion care is that right now mifepristone is still available and they can obtain an abortion.

The TX court’s ban contradicts the fact that mifepristone has a long track record of safety and effectiveness; since it was approved by the FDA in 2000, more than five million people have used it, with exceedingly positive results.

The TX case is a politically motivated maneuver that demonstrates anti-abortion activists and politicians will not stop at overturning Roe v. Wade and allowing states to ban abortion–they are actively working to dismantle sexual and reproductive health care nationwide. Sadly, opponents will not stop at banning mifepristone either, and these consequences will be far-reaching, even impacting states that, like Delaware, have taken steps to secure access to abortion.

Everyone should have the ability to make decisions about their own reproductive lives and futures, including choosing the method of abortion that works best for their circumstances.

This TX decision highlights why it is even more important for Delaware lawmakers to eliminate barriers to abortion access in the First State. Recently, leaders introduced House Bill 110, which would reduce financial burdens on low-income people seeking abortion care. As the courts weigh whether or not medication abortion access could be limited, Delaware officials can ensure those living and traveling to our state can maintain a high quality of care regardless of their financial ability.