News: Abortion pill aftershocks

Tuesday, April 11, 2023

Abortion pill aftershocks

Apr 11, 2023

Driving the day

Containers of mifepristone tablets sit on a table.

The DOJ has asked a federal appeals court to freeze the ruling made Friday in Texas that essentially invalidated the FDA's approval of mifepristone. | Jeff Roberson/AP Photo

WHITE HOUSE STRATEGY — Monday offered a glimmer of insight into the Biden administration’s strategy following Friday night’s ruling that put the abortion pill mifepristone — the most common method for ending a pregnancy — in jeopardy.

The Department of Justice’s 49-page emergency motion, which asked the 5th U.S. Circuit Court of Appeals to keep the ruling on hold, argued that U.S. District Court Judge Matthew Kacsmaryk defied precedent when he said the plaintiffs — doctors and organizations representing them — had standing because they might one day treat patients suffering from side effects caused by the pills.

Perhaps in a nod to the conservative-leaning judges on the 5th Circuit, the government wondered about the slippery slope that could follow should this reasoning stand.

“An association of doctors could, for example, challenge the licensing of federal firearms dealers, or allegedly inadequate highway safety standards, on the theory that some individuals may be injured and seek treatment from the association’s members,” the government wrote.

The 5th Circuit gave the anti-abortion groups that brought the lawsuit against the FDA until midnight Central time on Tuesday to respond.

… The DOJ also asked a federal judge in Washington state to “clarify” his own Friday night order directing the FDA to maintain access to the pills in much of the country. The two orders seem to be “in significant tension,” a conflict that could make this case ripe for the Supreme Court should the government get no relief from the 5th Circuit.

One strategy the Biden administration won’t pursue? Ignoring the court order, suggested by several Democrats and at least one Republican.

“You know, as a dangerous precedent is set for the court to set aside the FDA’s and expert judgment regarding a drug’s safety and efficiency, it will also set a dangerous precedent for this administration to disregard a binding decision,” White House press secretary Karine Jean-Pierre said at her briefing Monday.

States stock up: Democratic governors aren’t counting on the courts to bail them out, POLITICO’s Rachel Bluth reports.

Gov. Gavin Newsom said Monday that California had secured 250,000 of another abortion pill, misoprostol, and negotiated the purchase of up to 2 million more. California shared the terms of the purchase agreement with other Democratic-led states that might be interested in making a similar buy.

Massachusetts Gov. Maura Healey also announced Monday that her state would purchase 15,000 doses of mifepristone through the state university system. Last week, Washington Gov. Jay Inslee announced his state had purchased 30,000 doses of mifepristone through the correctional system and 10,000 doses through the university system.

WELCOME TO TUESDAY PULSE. Hospitals have been particularly crowded in recent years — not just with humans. A moose entered an Alaskan hospital recently, looking for a snack (enter: the plant in the lobby).

Had a moose sighting recently? What about a sighting of the next big piece of health legislation? Let us know at dpayne@politico.com and kmahr@politico.com.

TODAY ON OUR PULSE CHECK PODCAST, host Ben Leonard talks with Alice Miranda Ollstein, who unpacks the legal turmoil following differing federal court decisions on the abortion pill mifepristone.

Listen to today’s Pulse Check podcast

Public Health

President Joe Biden walks out of the White House

President Joe Biden officially ended the Covid-19 national emergency on Monday. | Susan Walsh/AP Photo

END TO NATIONAL EMERGENCY — President Joe Biden signed on Monday a House bill immediately ending the Covid-19 national emergency, first enacted during the Trump administration in 2020, POLITICO’s Kelly Garrity reports.

The White House initially announced plans to extend the national emergency, as well as the Covid public health emergency, until May 11. But shortly after, House Republicans put forth bills to end both imminently. The bill Biden signed Monday ended only the national emergency.

The White House opposed the bills, saying the resolutions “would be a grave disservice to the American people.”

In a Statement of Administration Policy, the Biden administration said that an abrupt end to the emergency declarations would “create wide-ranging chaos and uncertainty throughout the health care system.”

Ending the national emergency will stop the use of some waivers for federal health programs meant to help health care providers during the pandemic’s height.

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At the Agencies

CMS’ PROSPECTIVE PAYMENTS — The Centers for Medicare and Medicaid Services has released a proposed policy for inpatient and long-term care hospitals’ payments for fiscal year 2024.

That rule includes provisions to:

— Increase payments for hospitals that participate in the Hospital Inpatient Quality Reporting Program and “meaningfully” use electronic health records

— Decrease payments for hospitals with excess readmissions and hospital-acquired conditions

— Allow graduate medical education payments for training in rural emergency hospitals

— Increase government reimbursements for hospitals treating homeless patients

The rule has a 60-day comment period — expect plenty of provider groups to weigh in on the proposal.

Public Health

1 IN 5 THREATENED WITH A GUN — Nearly 20 percent of Americans have been threatened with a gun, and about the same number say they’ve had a family member killed with one, according to a new report from KFF.

The analysis, out this morning, underscored the prevalence of gun violence in the U.S., especially true for Black Americans, who were about twice as likely than white or Hispanic adults to have a family member killed by a gun.

The report also found that most homes with guns — about 3 in 4 — have at least one firearm either unlocked, loaded or kept with ammunition.

And though there’s a new push among public health officials to treat gun violence as a public health issue, the survey found a very small share — 14 percent — of adults have had a health provider ask whether they have guns in the home, and about 5 percent have had a clinician discuss gun safety.

Names in the News

Spencer Knoll is now director of U.S. policy and advocacy at Malaria No More. He previously was a legislative assistant for defense and foreign policy for Sen. Chris Van Hollen (D-Md.).

What We're Reading

The Washington Post reports on a growing number of scientists rethinking the dangers of high-stakes pathogen research.

STAT reports on UnitedHealth’s continued shopping spree with its recent takeover of Crystal Run Healthcare.

The Wall Street Journal reports on military medicine being kept alive — in civilian hospitals.

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