I am alarmed and disappointed that the Northern District of Texas and the Fifth Circuit recently rendered decisions that undermine reproductive freedom across the country.  The decisions reflect a profound misunderstanding of science, the role of the courts, and the laws and regulations they claim to interpret.  Much worse, the decisions exhibit a deep hostility to women by purporting to place unwarranted restrictions on access to mifepristone, a medication that has been proven for decades to be safe and effective when terminating a pregnancy or treating a miscarriage.  These courts have elevated ideology over sound medical judgment, substituting their views for a woman’s right to make choices about her health and course of medical treatment.  In so doing, the lives and wellbeing of millions have been put at risk, and a chill has been placed over the lawful and appropriate practice of medicine.  New Jerseyans and all Americans deserve far better.

The United States Department of Justice has sought Supreme Court review to address this grave injustice.  At the same time, a decision from the Eastern District of Washington has validated the use of mifepristone to carry out safe and lawful medication abortions and sought to vindicate the right to reproductive freedom without burdensome restrictions.  The result is that the status of federal law is now in flux and the regulatory framework is far from certain.  This is unprecedented.  While I am pleased that the United States Supreme Court has issued a temporary stay of the Texas court ruling, the legal landscape remains uncertain.  Doctors, midwives, physician assistants, nurses, pharmacists, and other medical professionals that provide reproductive health care services must have certainty and confidence in the stability of the law and their government’s respect for science.

Given the uncertainty created by these conflicting court decisions, medical professionals properly licensed in New Jersey should not be subject to professional discipline under the State’s laws and regulations solely for the medically appropriate prescribing, dispensing, or administering of mifepristone and the provision of related medical services under preexisting FDA rules and regulations.  Simply put, the status quo should remain until the courts and the FDA reestablish a stable and clear regulatory framework.

For that reason, I am directing the Acting Director of the Division of Consumer Affairs to request that the Boards of Medical Examiners, Nursing, and Pharmacy acknowledge their administrative discretion and issue assurances that licensees may continue to prescribe, dispense, or administer mifepristone in a manner consistent with the standards that were in place prior to the recent conflicting court decisions.  I have been advised by the Division that all three board presidents welcome the opportunity to present this important issue to their respective boards at meetings that will be noticed to the public today.

My Department will not stand by while pregnant people face threats to their health and safety simply for seeking to exercise their right to reproductive freedom in this State.  And we will not allow attempted intimidation of our medical practitioners to restrict access to safe and effective medication abortion treatments.

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