By Carrie Baker for Ms. Magazine.
Broadcast version by Roz Brown for Texas News Service reporting for the Ms. Magazine-Public News Service Collaboration

On Nov. 18, anti-abortion advocates filed a federal lawsuit challenging the FDA approval of the medication mifepristone in 2000-as well as subsequent updates to the approval in 2016, 2019 and most recently in December 2021, when the agency began allowing clinicians to mail abortion pills to their patients.

The lawsuit alleges the FDA did not have proof of the medication's safety, despite extensive evidence showing abortion pills are safe and effective-more so than many other medications, including over the counter drugs such as Tylenol.

"This is yet another attempt by anti-abortion extremists to force their beliefs on all of us," said Kirsten Moore, director of Expanding Medication Abortion Access Project (EMAA Project), which advocates for increased access to mifepristone for abortion and miscarriage care.

The conservative legal group Alliance Defending Freedom (ADF) filed the lawsuit on behalf of four antiabortion medical organizations and several doctors against the U.S. Food and Drug Administration (FDA) and the U.S. Department of Health and Human Services. ADF represented Mississippi in the case that led the Supreme Court to overturn Roe v Wade and they have helped draft anti-abortion laws adopted in many states.

The 113-page complaint argues the FDA unlawfully fast-tracked the approval of mifepristone in 2000 and did not have the required research to prove the safety of the drug under the labeled conditions of use.

To the contrary, a 2018 Government Accountability Office report concluded that the FDA "followed its standard review process when it approved the application ... for the drug Mifeprex" and "based its approval on reviews of peer-reviewed published studies, articles, and other information submitted by Mifeprex's sponsor." The FDA subsequently conducted extensive reviews of the mifepristone's safety again in 2016.

The ADF complaint regurgitates many of the objections raised by anti-abortion groups to the 2021 modification of the mifepristone approval. The FDA published a 40-page rebuttal letter to these objections, which ADF fails to address in their complaint.

Moore said the anti-abortion movement is trying to "put the genie back into the bottle" and is "trying to undo progress."

"When they look at the courts, they think, 'Why wouldn't the courts be friendly to us even if we are making new things up?' The Supreme Court just overturned a 50-year precedent that took away half the population's fundamental right to control their bodies, so why wouldn't they try?"

The ADF chose to file the case in the Amarillo Division of the Northern District of Texas, where it was assigned to a 45-year-old Trump appointee Matthew J. Kacsmaryk, who for five years before becoming a federal judge was deputy general counsel for First Liberty Institute, a Christian conservative legal organization that specializes in representing religious groups claiming they have experienced discrimination.

n 2015, Kacsmaryk wrote an op-ed for the National Catholic Register stating his opposition to same-sex marriage, no-fault divorce, birth control, abortion and sex outside of marriage-and his support for "complementarianism," a religious belief that assigns primary headship roles to men and support roles to women based on their interpretation of certain biblical passages.

"He is an anti-LGBT activist and culture warrior who does not respect the equal dignity of all people," said Sen. Dianne Feinstein (D-Calif.) during his Senate confirmation hearing, reading from a letter of the Leadership Conference on Civil and Human Rights. "His record reveals a hostility to LGBT equality and to women's health, and he would not be able to rule fairly and impartially in cases involving those issues."

Just last week Kacsmaryk ruled that the Biden administration wrongly interpreted a provision of the Affordable Care Act as barring healthcare providers from discriminating against LGBTQ+ Americans.

Texas is within the Fifth Circuit Court of Appeals, which has a majority of conservative judges-six of whom were appointed by Trump. This same court repeatedly upheld the Texas bounty hunter law last year.

Most shockingly, the ADF lawsuit asks Judge Kacsmaryk to revive the 1873 Comstock Law, which banned sending obscene literature, contraceptives, abortifacients or any sexual information through U.S. mails. After the Supreme Court ruled in Griswold v. Connecticut in 1965 that people have a fundamental right to access and use contraception, Congress removed the language concerning contraception in 1971, but left the part of the law criminalizing mailing abortifacients and information about abortion.

Before Roe v. Wade, federal courts ruled this part of the law applied only to "unlawful" abortions. After the Roe decision, the Comstock law remained on the books but was not enforced. Now that the Supreme Court has reversed Roe, ADF hopes to bring the law back into effect.

"The law that conservatives used to shut down contraceptive pills at the turn of the century-this is where they want to take us back to," said Moore.

The lawsuit seeks to reverse the increasing availability of medication abortion and telemedicine abortion. In 2020, medication abortion accounted for 54 percent of all pregnancy terminations in the U.S. After a federal court lifted the FDA requirement that clinicians distribute the medication in person in July of 2020, telemedicine abortion services surged across the United States, becoming available in 20 states, expanding further after the FDA permanently lifted the in-person distribution requirement in December of 2021.

Carrie Baker wrote this article for Ms. Magazine.

Women in California and across the country earn an average of 82% of what men make in the first 10 years after graduating from college, according to a new study from the National Association of Colleges and Employers.

Researchers found that a significant portion of this disparity is attributed to where people work - three-quarters of men are employed in the private sector, compared to only half of women.

Mary Gatta is the director of research and public policy at NACE.

"The top industries where men were employed were manufacturing, finance, insurance, real estate, the fire industries, architecture, and engineering," said Gatta. "Women are in education, health care, social assistance, and professional and technical services. So women dominate more in lower-paid industries."

Advocates say school districts should introduce boys and girls to all types of occupations, and in particular, encourage girls to take classes in science, technology, engineering, and math.

California has tried to shrink the pay gap through public policy. Companies in the Golden State are prohibited from inquiring about a candidate's previous salary range during the hiring process.

They are also required to disclose salary ranges in job postings or upon request.

Gatta said colleges should offer robust career counseling to prepare students as they enter the workforce.

"We also need to think about salary negotiation," said Gatta, "and helping remove any concerns that recent college grads might have about negotiating, helping prepare students for salary negotiation."

She added that establishing a higher salary from the get-go pays dividends for many years.

Conversely, the pay gap persists as women progress in their careers, so they contribute less to Social Security and receive lower payments in retirement.

Support for this reporting was provided by Lumina Foundation.




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Texas lawmakers passed the Life of the Mother Act during the legislative session. It was billed as legislation to clarify when doctors in the state can legally perform an abortion.

Texas adopted one of the most restrictive abortion bans in 2021. The ban allows the procedure only if the life of the mother is in danger or there is a risk of impairment of a primary bodily function.

Houston-based OB/GYN Dr. Damla Karsan said, despite the "clarification," medical professionals are still hesitant to provide care in most cases.

"It's been frustrating, because I feel restricted in my ability to offer them the full scope of options for their care," said Karsan. "I know it's really had a chilling effect on all my colleagues, and myself as well."

Karsan was involved in two legal challenges to the abortion ban, including the case of Kate Cox.

The Houston mother of two received national attention after traveling to another state to have an abortion after it was determined her third child would not survive.

Backers of the new legislation say it ensures women who have medical emergencies can get an abortion.

It defines "life-threatening" as a condition that's capable of causing death or serious injury. A survey of OB/GYNs in the state shows 60% of those who responded fear legal repercussions.

Karsan said if women need abortion care, there are organizations available to help.

"I direct a lot of people to the National Network of Abortion Funds," said Karsan. "Their website can connect you if you want to donate, if you want to volunteer, but also if you're looking for care. As usual it's the poor, the disenfranchised that are going to suffer the most."

According to the survey, many doctors are leaving the state or going into early retirement because of the abortion ban.




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Fighting for a wide range of people with a skill for compromise, is how Rep. Melissa Hortman, D-Brooklyn Park, is being remembered for following her assassination Saturday.

A civic engagement group said she was a shining example of a woman in politics. Hortman's murder is seen by political observers as a stunning and tragic example of the increasingly violent tone surrounding public office in America. Hortman served as Minnesota House Speaker from 2019 until earlier this year, leading Democrats during power-sharing negotiations with Republicans in an evenly-divided chamber.

Michelle Witte, executive director of the League of Women Voters of Minnesota, said Hortman stayed true to the mission of an elected official.

"Obviously, (a) rise to power but also just being in the community working at all levels, at the local level to engage people in issues that are important to them," Witte recounted.

Witte noted Hortman's willingness to make tough decisions was on display this spring when finalizing a new budget, as she received pushback from her own party during the negotiations. Witte pointed out Minnesota still has gaps in electing women legislators, despite having more female politicians than over half the states in the U.S.

She added Hortman was among the most notable women in politics statewide, with others including Sen. Amy Klobuchar, D-Minn., and Sen. Tina Smith, D-Minn.

In 2023, Hortman was credited for spearheading several major policies including paid medical leave, abortion protections, and a universal school meal program. While this year's power-sharing agreement with Republicans did have moments of friction, Witte said Hortman's arrangement with GOP House Speaker Lisa Demuth was symbolic of women succeeding in the world of politics.

"The League of Women Voters, we actually made a card out of the great handshake between Melissa Hortman and Lisa Demuth when they reach their power-sharing agreement," Witte recalled. "I was so proud of that because that is what we really work for at the League, is seeing that working together."

Witte hopes voters pay more attention to those examples of bipartisanship and appreciate elected leaders who go above and beyond to serve the public. She acknowledged the attacks on Minnesota lawmakers may make people feel anxious about taking part in democracy, adding the country needs to promote voter safety and prevent future candidates from being silenced.


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