Will abortion pills stay legal?
发布时间 2023-04-12 06:21:30 来源
摘要
Late Friday, two conflicting rulings threw a key abortion medication’s FDA approval into question. Today on Post Reports, we break down the legal confusion and talk about what could happen next. At the center of this unprecedented legal clash is mifepristone, a drug that is part of a two-step abortion pill regimen used by millions of people. A federal judge in Texas blocked the FDA’s longtime approval of the drug. Less than an hour later, another federal judge, in Washington state, ordered that the drug remain available in a swath of states. The dueling cases are creating confusion and questions about the future of medication abortion in America. Today on “Post Reports,” legal affairs reporter Ann Marimow walks through the cases and what they mean. Read more: A Texas abortion pill ruling threatens the FDA.Can I still get a medication abortion?In a divided nation, dueling decisions on an abortion pill. Don’t miss a chance to experience “Post Reports” live! “Post Reports” senior host Martine Powers will be in conversation with author Curtis Sittenfeld at Sixth & I in Washington at 7 p.m. on April 13. Get tickets here.
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What were you doing on Friday evening when you learned about the decision from Texas? I was actually just pulling in to my home. I was sitting in the driveway and suddenly my phone started to blow up. Melissa Grant is a co-founder of Carrofem, a network of abortion providers that also offers telehealth services. She was sitting in her driveway Friday night when Texas federal judge Matthew Kismaric blocked the FDA's approval of a key abortion drug.
当你得知德克萨斯州的决定时，周五晚上你在做什么呢？我当时实际上正在回家的路上。我正坐在车道上，突然手机开始不停震动。Melissa Grant是Carrofem网络的堕胎服务提供者和远程医疗服务的合伙人之一。上周五晚上，当德克萨斯联邦法官Matthew Kismaric阻止了FDA批准一种关键的堕胎药物时，她就坐在自己的车道上。
Even though abortion providers across the country had been bracing for a decision, few expected it to come so late on a Friday at the start of a holiday weekend for a lot of people. Dr. Sarah Wallet is an OBGYN in Michigan and chief medical officer for Planned Parenthood there. I had finished working in one of our health centers and I had left to go away for the weekend with my kids to visit family for the Easter holiday. And I got a text message while I was in the car driving that the decision had come out and it wasn't good.
虽然全国各地的堕胎服务提供者一直在准备应对这种决定，但很少有人预料到它会在很多人开始度假的周五晚上这么晚才公布。Sarah Wallet博士是密歇根州的妇产科医生，也是那里计划生育组织的首席医疗官。我已经在我们的健康中心之一工作完了，正打算离开去和孩子们一起参观复活节的家人度周末。当我在车里开车时，收到了一条短信，说这个决定已经出来了，而且不好。
But then another ruling came. This one from a federal judge in Washington state who said, wait a minute, the drug methapristone is safe and effective and should remain available. Here's Melissa Grant from Carrofem again. It felt to some degree almost like Whiplash. It's like, okay, we looked one direction. Now we're looking the opposite direction, both across the country and in terms of the ruling. And again, to some degree, it wasn't a surprise though. Interesting, it could happen so fast. In the meantime, lawyers, doctors, the Biden administration and people seeking abortions are all trying to figure out what these two conflicting rulings mean. And so is our legal affairs reporter Ann Marimo.
然后又出现了另一个裁决。这次来自华盛顿州的一位联邦法官，他说，等一下，甲磺酸甲氧基苯丙酮是安全有效的，应该保持可用。这是来自Carrofem的梅利莎·格兰特。对某些人来说，这几乎像是一次猛烈的颈椎扭伤。就好比，我们朝一个方向看，现在我们正面朝另一个方向，在全国和裁决方面都是如此。不过，在某种程度上，这并不令人意外。有趣的是，这事发生得如此之快。与此同时，律师、医生、拜登政府和寻求堕胎的人都在努力弄清这两个相互冲突的裁决意味着什么。我们的法律事务记者安·玛里摩也是如此。
I've never seen anything like that before. Yes, we were all waiting for Judge Casmeric in Texas to rule and there was a distinct real possibility that he would suspend FDA approval of methapristone. But to have less than an hour later, the contradictory ruling from Washington state, it was like Whiplash. We knew that the Washington state case had been filed. There had been a hearing the week before, but the timing was just unlike anything I'd ever seen before from the federal courts.
我以前从未见过这样的事情。是的，我们都在等待德克萨斯州的卡斯梅里克法官做出判决，有很明显的实际可能性他会暂停美国FDA对美托噻烷的批准。但在不到一个小时之后，华盛顿州发表了相反的判决，就像鞭打一样。我们知道华盛顿州的案件已经被提起，上周还进行了听证会，但联邦法院的时间安排却不像我曾经见过的任何事情。
From the newsroom of the Washington Post, this is Post Reports. I'm Lidi Casey, your guest host today. It's Tuesday, April 11th. Today, we tease apart these two conflicting rulings on a key abortion pill and what they mean for abortion access across the country, even in places where it's fully legal.
我是今天的客座主持Lidi Casey，来自Washington Post的新闻编辑室。今天是4月11日星期二。我们将详细阐述这两个相互矛盾的关键堕胎药物判决，并讨论它们对全国范围内的堕胎访问，甚至在堕胎合法的地方的影响。
At the center of these two cases is this drug, Mifapristone. It's been legally used in the United States for abortions for 23 years. Mifapristone was approved back in 2000 as safe and effective by the FDA. The studies have shown 99% of the people who use this pill have had no major adverse consequences. There's bleeding and cramping that happens as part of the process, but people are not ending up in the hospital. It's one of two medications used to terminate pregnancies. Mifapristone and then Misaprostole. If Mifapristone is taken off the market, abortion providers are saying that they could rely solely on the second drug, Misaprostole. But Mifapristone has been controversial from the beginning and there have been people trying to challenge its approval. The FDA has been asked time and again to do new approvals and they have and they have loosened restrictions on the medication. It used to be that you had to show up in person at a doctor's office or a hospital and now you can get the drug from a pharmacy and take it at home.
这两个案件的核心问题是Mifapristone这种药物。在美国，它已经合法用于堕胎已有23年。2000年，FDA批准了Mifapristone的使用，宣称它是安全有效的。研究表明，使用该药的人中有99%没有出现重大不良后果。这个过程中会出现出血和痉挛，但人们不会因此住院。Mifapristone是终止妊娠的两种药物之一，另一种是Misaprostole。如果Mifapristone被撤出市场，堕胎服务供应商声称他们可以仅仅依靠第二种药物Misaprostole。但Mifapristone从一开始就备受争议，一些人一直试图挑战它的批准。FDA一次又一次地被要求进行新的批准，并且放宽了对该药的限制。以前，你必须亲自到医生办公室或医院，现在你可以从药店获得该药并在家服用。
All right, and let's step back. Because this is confusing, I really want to hear you explain the ruling. Explain what the first ruling was, what it was, what it means, and then we'll go to the second one. So, in Texas, Judge Kessmerich took the unprecedented step of suspending FDA approval after 23 years of the abortion medication Mifapristone, which is used in more than half of all abortions nationwide. The FDA has time and again approved this medication as safe and effective. The judge said at the FDA did not follow its own guidelines and regulations for showing that it was safe and effective. He said that these anti-abortion groups that challenged the medication had standing or legal grounds to sue and he suspended FDA approval.
好的，让我们退一步。因为这很令人困惑，我真的想听听你解释判决。请解释一下第一项判决是什么，是什么意思，然后我们再看第二项判决。所以，在得克萨斯州，Judge Kessmerich采取了前所未有的措施，暂停了堕胎药物Mifapristone的FDA批准，这种药物在全国超过一半的堕胎中使用。FDA一再批准这种药物是安全有效的。法官说FDA没有遵循自己的指南和规定来证明它是安全有效的。他说，挑战这种药物的反堕胎团体有立场或法律理由起诉，并暂停了FDA的批准。
And how massive is it for a judge to halt the approval of a drug that the FDA approved more than 20 years ago? So the judge is now telling the FDA how to manage its approval process. How big is that? It is unprecedented, a single judge in a single district in Texas, upending the nation's regulatory process for approving drugs has never done something like this before. And that's why you see DOJ and the drug maker saying this will have massive implications for the way other drugs are approved or potentially taken off the market that people rely on. And again, this was 23 years ago in 2000 and the FDA has time and again approved it and loosened restrictions and said this is safer than many other drugs.
一个法官阻止FDA批准超过20年的一种药物，这对于法官来说有多重要？所以法官现在告诉FDA如何管理其批准流程。这有多大？这是前所未有的，德克萨斯州一个地区的单个法官颠覆了国家批准药物的监管过程，以前从未有过这样的情况。这就是你看到司法部和制药公司说这会对其他药物的批准或潜在下架造成巨大影响的原因。同样，这是在2000年的23年前，FDA一再批准并放松限制，并表示这比许多其他药物更安全。
So within the hour, a different federal judge, this time in Washington State, ruled the opposite basically and tried to ensure that Mitha Pristone, the drug in question, would be available to people in 17 states and the District of Columbia.
在一小时内，华盛顿州的一位联邦法官做出了相反的裁决，试图确保问题药品Mitha Pristone在17个州和哥伦比亚特区的人们手中可得。
They explained that. This was really a defensive lawsuit filed by 18 attorneys general from Democratic states.
他们解释说，这实际上是由来自民主党州的18名检察长提起的一项防御性诉讼。
They went to court asking a Washington State judge to loosen restrictions and make access to Mitha Pristone easier.
他们去法院，请求华盛顿州法官放松限制，使得访问Mitha Pristone更容易。
The judge did not grant the attorneys general what they wanted, but he did say while the case continues, the status quo has to remain.
法官没有批准检察长们想要的东西，但他表示在案件继续期间，现状必须保持不变。
He said FDA, you can't do anything to change access to this drug.
他说 FDA，你不能做任何改变这种药物使用权的事情。
So that decision is in direct conflict with the judge in Texas, Judge Kess Merrick saying FDA, you need to suspend approval.
那个决定直接与德克萨斯州的法官Kess Merrick相冲突，他说FDA需要暂停批准。
And that's why there's confusion and why the Justice Department is asking for some clarification and why the Supreme Court may ultimately have to get involved.
这就是为什么存在混淆的原因，正义部门要求进行一些澄清，最终最高法院可能不得不介入。
Do we know if the federal judge in Washington State, Judge Rice, did this on purpose to counter the Texas decision?
我们知道这位在华盛顿州的联邦法官瑞斯法官是否有意为之来反驳德克萨斯州的决定吗？
Judges don't tell us about their thinking and timing.
法官不会告诉我们他们的思考过程和时间安排。
All we know is what is written in the ruling.
我们所知的一切都只是写在法规上的。
He is known for being very efficient and quick, but the hearing really was just the previous week.
他以高效快捷而闻名，但听证会确实是上周才举行的。
And this came out pretty quickly and the timing is just incredible.
这个出现得非常快，而且时间刚刚好。
So what does this all mean right now in terms of what the Justice Department is trying to do, what the drug maker does, and how are they now given the opportunity, as you said, to appeal and try to get a second glance at what Judge Kess Merrick in Texas has decided?
那么现在就解释一下，司法部门的目标是什么，药品制造商会怎样行动，而且，正如你所说，他们现在有机会上诉并尝试让德克萨斯州的凯斯·梅里克法官重新审视判决的情况，这一切意味着什么？
Judge Kess Merrick recognized how consequential his decision is and said, I'm going to put my ruling on hold for seven days to give the parties a chance to appeal.
法官凯斯·梅里克认识到他的决定是多么重要，他说：“我将暂停我的裁决七天，以便各方有机会提出上诉。”
So his order does not take effect until midnight Saturday.
所以他的命令直到周六午夜才生效。
In the meantime, the Justice Department and the drug maker have asked the U.S. Court of Appeals for the fifth circuit, which includes Texas, to please stay the Judges order by noon on Thursday so that they have time to then go to the Supreme Court if they don't get the answer they want.
同时，司法部和药品制造商已经请求美国第五巡回上诉法院（包括德克萨斯州）在周四中午前请留置法官的命令，以便他们有时间去最高法院寻求希望得到的答案。如果他们没有得到想要的答案，他们还可以继续向最高法院请求。
So this could really get to the Supreme Court this week?
那么这个问题可能真的会在这个星期进入最高法院？
It could, yes.
这是可能的，是的。
Usually the court system moves pretty slowly and deliberately, but here they are asking for things to move quickly.
通常法庭系统的处理速度比较缓慢和慎重，但是这里他们要求加快进程。
Critics of the lawsuit in Texas accused the anti-abortion groups of judge shopping, like specifically going to Amarilla, Texas because they knew they would get this judge, Judge Kess Merrick.
批评德克萨斯州的这起诉讼的人指责反堕胎团体在寻找法官上耍滑头，比如特别选择去阿马里洛的原因是因为他们知道他们会得到这个法官，凯斯·梅里克法官。
Very conservative has a record of being anti-abortion, Trump appointed.
"非常保守一向反对堕胎，川普任命了他。"
But after him, it goes to the fifth circuit, which is also a very conservative circuit court.
但在他之后，它转到第五巡回法院，这也是一个非常保守的巡回法院。
Can you talk about how they make decisions?
你能谈谈他们是如何做出决策的吗？
Sure, this has become a tried and true path for conservative groups to identify one of a handful of conservative judges in these single judge districts in Texas.
当然，对于保守团体来说，这已经成为在德克萨斯州这些单一法官地区识别少数几个保守派法官的可靠途径。
That means that they know when they file there, they will get a judge who they view as sympathetic to their perspectives and policy preferences.
这意味着他们知道在那里提交申请时，他们将得到一个认为与他们观点和政策偏好相符的法官。
And then they know after that judge rules that if the case is appealed, it will go to the conservative leaning fifth circuit, again, that has a big crop of Trump nominated judges, but also has been conservative for many years.
然后他们知道，如果这个案件被上诉的话，它会被送到保守倾向的第五巡回法院，这里有许多特朗普任命的法官，但是多年来一直保持保守倾向。
So that really allows them to sort of guarantee or have a good chance of success.
这样做真的能让他们保证或者有很大的成功机会。
And then the Supreme Court decides whether or not to leave those rulings in place or to say that they made a mistake.
然后最高法院会决定是否维持那些裁决或宣布他们犯了错误。
We'll return to our conversation with Anne, but I also wanted to know how are abortion providers experiencing this moment?
我们将回到我们和安妮的谈话，但我也想知道堕胎服务提供者在这个时刻如何体验？
We had provided abortions all day on Friday with Mifapristona Misa Prostal, as well as in clinic with procedural abortion and waking up on Saturday, we would do that again.
星期五，我们使用米法司酮和米索前列醇提供了整天的流产服务，包括诊所内进行流产手术，星期六醒来后，我们将再次提供此类服务。
Melissa Grants Group, Cara Femme, has abortion providers in Georgia, Tennessee, Illinois, and the Washington, D.C. area, and does telemedicine appointments too.
梅利莎·格兰特的团队——Cara Femme，在乔治亚州、田纳西州、伊利诺伊州和华盛顿特区设有堕胎提供商，并提供远程医疗预约服务。
And she says it's been really confusing for everyone.
她说这对每个人都非常令人困惑。
She wanted to send a clear message to patients that they were operating as usual for now.
她想要向病人们传达一个明确的信息，即他们现在还在正常运营。
The main message to get across to my staff, to any patients that had appointments with us, and to the community at large is that we are still open, we are still providing care, and we look to continue to do that in whatever way possible for the foreseeable future.
我们要向员工、所有预约了我们的病人以及整个社区传达的主要信息是，我们仍然开放，仍然提供医疗服务，我们希望在可预见的未来以任何可能的方式继续这样做。
You know, I hear you saying that your message to your clinics and your team was, nothing changes.
你知道吗，我听到你说你对你的诊所和团队的信息是，没有任何变化。
We keep going forward.
我们一直向前走。
And what happens if Mifapristona is no longer approved by the FDA, or if there is a stay, and Judge Kazmerik's ruling stands, what do you do?
如果Mifapristona不再被FDA批准，或者有任何阻止措施使Judge Kazmerik的裁决生效了，你会怎样做呢？
If Mifapristona becomes unavailable, we do know that there are other medications that can successfully cause an abortion that are available now and will continue to be available.
如果米非司酮不再可用，我们知道现在有其它药物可以成功地引起流产，并且将继续可用。如果需要的话，可以进行改写。
Cara Femme started to offer an alternate option for medication abortion, which uses Misa Prostl, one of the two drugs that generally is used to gather Misa Prostl to cause an abortion, and it works on its own.
Cara Femme开始提供另一种药物流产的选择，使用的药物是Misa Prostl之一，通常用于收集Misa Prostl以引起流产，而且它可以单独起作用。
And we've been offering it as an option to our clients since the year 2020. We will pivot and continue to offer that option to as many clients as choose medication abortion should we lose Misa Prostl. But we shouldn't have to.
自从2020年起，我们已将它作为一种选项提供给我们的客户。如果我们失去了米莎普罗斯，我们将转向并继续向选择药物流产的客户提供该选项。但是我们不应该这样做。
You know, I think this was my worst fear in that I hoped that something like this wouldn't happen, but it appears that access to Mifapristona really is at risk across the United States. And if nothing changes before Friday, that we could all lose access.
你知道吗，我觉得这是我最大的恐惧，我希望这样的事情不会发生，但现在看来，美国范围内的米法吡嗪安的使用确实处于风险之中。如果在周五之前没有任何改变，我们大家都可能失去使用权。
In Michigan, Dr. Sarah Wallet with Planned Parenthood says she has been readying for hard conversations with confused patients during this uncertain time. Abortion medication is often the best and only option for people at home who may have trouble getting into an actual clinic.
在密歇根州，普兰德计画生育中心的Sarah医生说，她一直为和困惑的病人进行艰难的对话做好准备，在这个不确定的时期尤其如此。对于那些无法进入实际诊所的人来说，堕胎药物通常是最好的唯一选择。
All of it just is infuriating because I'm a doctor. My job should be to take the best care of my patients possible. And I know for people who have chosen a medication abortion or who need treatment for a miscarriage that Miffy Prostone is that best thing possible for them. It is the most effective, it is very, very safe. And the fact that all of that seems up for debate is infuriating because it's not clinically medically. The right thing for me to do is to provide that medication for my patients.
所有这些都让我非常愤怒，因为我是一名医生。我的工作应该是尽可能地照顾好我的病人。我知道对于那些选择药物流产或需要治疗流产的人来说，米非司酮是最好的选择。它是最有效的，也非常安全。所有这一切似乎都在争议之中，这让我很愤怒，因为这不是临床上的医学问题。我应该为我的病人提供这种药物。
Dr. Wallet agrees that using Misa Prostl on its own can work and is safe. But she says it's not ideal. It's a protocol that the World Health Organization supports. But it's not the best one. And I worry about what that means to switch to a less effective regimen, what it means for people who already have less access.
"沃利特博士认为，单独使用米萨普爾斯特尔可以起作用，安全无害。但是她表示这并不是最理想的选择。这是世界卫生组织支持的一种方案，但并不是最好的选择。我担心，转而采用更不有效的方案会对已经进入信息渠道较少的人造成什么影响。"
When you say less effective, can you give me a sense of that? Yeah. Using the combination of Miffy Prostone and Misa Prostl to end an early pregnancy is about 95 to 99% effective. Using Misa Prostl only is about 85 to 95% effective. People often also have more side effects from using a Misa Prostl only protocol. And the timing of when they'll experience those side effects can be really variable and more difficult to predict, which makes it harder for patients to figure out when to use it or how to use it around all of the rest of the things that are happening in their lives.
当你说“不太有效”，能否给我一个概念？是的。使用米菲普石和米萨普石的组合来终止早期怀孕的效果约为95%到99％。而仅使用米萨普石的效果约为85%到95%。使用仅米萨普石协议的人通常也会有更多的副作用。而且他们会经历这些副作用的时间可能非常不确定，更难预测，这使得患者难以确定何时使用它或如何在生活中应对其他事情。
After the break, we'll hear more about how the Biden administration and drug manufacturers are responding to these rulings. And we'll talk about how the courts are being used in a post-row world. We'll be right back.
休息之后，我们将听到更多关于拜登政府和药品制造商如何回应这些裁决的内容。我们还将谈论在后孰领风骚的世界中法院的运用。我们马上回来。
What's the White House saying about this and how are they going to pursue this case? You know, a couple of Democrats floated the idea that they should just ignore Judge Kismaric's ruling. Right. The FDA has something called enforcement discretion. They can decide, you know, even if they are ordered to suspend approval of the drug that they won't, you know, enforce or go after physicians or clinics that dispense the medication.
白宫现在怎么说这件事？他们会如何处理这个案件？你知道，有几个民主党人提出了他们应该忽略Kismaric法官的裁决的想法。是的，FDA有一个叫做执法自由的东西。他们可以决定，即使他们被要求暂停批准这种药物，他们也不会追究医生或诊所发放药物的责任。
Yesterday, we heard from Biden's press secretary who said that the administration would challenge this ruling in court and not ignore a judge's order. We stand by FDA's approval of me for Preston and we are prepared to have a legal, a long legal fight here. That is our commitment to women out there. That is our commitment to Americans across the country.
昨天，我们听到了拜登的新闻秘书，他说政府将在法庭上挑战这项裁决，而不是无视法官的命令。我们支持FDA批准我来为普雷斯顿服务，并准备在这里进行一场漫长的法律战斗。这是我们对全国女性的承诺，也是我们对美国人的承诺。
But I'll say this, you know, it is danger. But as a precedent, as a dangerous precedent is set for court to set aside the FDA's expert judgment regarding a drug safety and efficiency, it would also set a dangerous precedent for the administration to disregard a binding decision. So they're going to go through the process of appealing to the Fifth Circuit and to the Supreme Court, if necessary.
嗯，我要说的是，你知道，这是很危险的事情。但是，作为一个先例，当法院放弃FDA对于药物安全和有效性的专家意见时，这将是一个非常危险的先例，也会让行政部门忽视具有约束力的决定成为一个危险的先例。所以，如果有必要的话，他们会经过上诉程序，向第五巡回法庭和最高法院求助。
So who is this group that brought the lawsuit and what were their allegations about Mephyrstone? This is a group called the Alliance for Hypocratic Medicine and papers filed with the Secretary of States Office in Texas show that they registered as an organization in the state with an agent in Amarillo or the court houses just a few months before the lawsuit is filed.
那么，这个提起诉讼的团体是谁？他们对Mephyrstone有什么指控？这个团体叫做 Hypocratic Medicine 联盟。在德克萨斯州秘书处递交的文件显示他们在州内注册为组织，并在阿马里洛有一个代理人，就在几个月前才提出这项诉讼。
They are represented by the Alliance Defending Freedom ADF, which has led many of the challenges to abortion, a conservative legal organization, and those were the lawyers representing this group in court. It includes some anti-abortion physicians and anti-abortion medical groups, again, who say that they have to treat patients who have used the medication and they say have psychological issues, have side effects, and that's a burden on their practice to have to treat these patients and that they're concerned that it's not a therapeutic drug, you know, it's something that terminates a pregnancy and in their view, a life.
他们由“保卫自由联盟”ADF代表，该组织是一个保守的法律组织，领导了许多反对堕胎的诉讼，并在法庭上代表了这个组织的律师。其中包括一些反对堕胎的医生和医疗组织，他们再次表示，他们必须治疗使用过药物并说有心理问题、出现了副作用的患者，这对他们的实践构成了负担，他们担心这不是一种治疗性药物，而是终止妊娠的一种东西，在他们看来就是一条生命。
They say that this drug is dangerous to women and girls and that the FDA did not follow the proper approval process and that approval should be suspended.
他们说这种药对女性和女孩来说很危险，而且FDA没有遵循适当的审批流程，应该暂停批准。
What is the evidence for that? So these groups cherry-picked data and relied on unproven scientific articles to make the case that the medication is not safe.
那有什么证据支持这个观点吗？所以这些组织挑选了数据并依赖于未经证实的科学文章来证明这种药物不安全。
When, in fact, the FDA has repeatedly approved the medication as safe and effective and relied on numerous clinical studies involving thousands of pregnant women to show that the drug is effective and really does not have these major complications or side effects.
事实上，FDA已经多次批准该药物的安全和有效性，并依赖于数以千计的孕妇参与的众多临床研究来证明该药物的有效性，并且真的没有这些重大的并发症或副作用。
But what about the people who've taken Mithopristone to have an abortion? Are they part of the lawsuit making complaints about the drug?
那么那些服用米索前列醇进行流产的人呢？他们是否参与了对这种药物的投诉诉讼？
So there are five million women in the United States since this was approved in 2000, who have had successful pregnancy terminations and this is the argument that justice department and the drug manufacturer have made that the groups challenging the medication don't have a direct injury that would allow them to continue with this lawsuit.
自2000年批准以来，在美国有500万名女性成功终止了妊娠，这是司法部和药品制造商提出的论点，挑战该药物的团体没有直接受伤，即不能继续进行此诉讼。
This is called standing and organizations need to have a direct injury in order to proceed in court and the justice department and the drug manufacturer are saying there's no direct harm to these groups and they should not be allowed to continue because they are not the people directly affected by the medication.
这被称为“证明立场”，组织需要有直接的伤害才能在法庭和司法部门继续进行。药品制造商认为这些组织没有直接受到药物损害，并且不应该被允许继续进行，因为他们并不是药品的直接受害者。
So how much do we know about what Judge Kismaric weighed as he was making his ruling?
那么，关于Kismaric法官在做出裁决时的体重我们知道多少呢？
Judge Kismaric did seem to accept most of the arguments from the Alliance for Hypocratic Medicine and quoted extensively from their briefs in his ruling and discounted the many clinical studies and tests done on thousands of pregnant women over time that showed that the medicine is safe and effective.
法官Kismaric似乎接受了医学反对同盟的大多数论据，并在他的裁决中广泛引用了他们的简报，并忽视了过去数千名孕妇进行的许多临床研究和测试，这些研究表明这种药物是安全和有效的。
Did he wrestle with the implications of his ruling in terms of access to abortion by medication and also the FDA's regulatory process?
他有没有考虑过他在药物流产和FDA规制流程方面裁决的影响？
He did say in his ruling that he doesn't take lightly that he's second-guessing the FDA but that he feels the agency did not follow its proper process. And he also, Judge Kismaric has a long history of anti-abortion beliefs and he did adopt a lot of the language of the anti-abortion movement referring to doctors who terminate pregnancies as abortionists and extensively using terms like unborn human as he talked about what the medication does.
他在判决中确实表示，他不轻易地对FDA做出了反思，但他认为该机构没有遵循其适当的流程。而且，Kismaric法官有长期的反堕胎信仰，他采纳了反堕胎运动的许多语言，称终止怀孕的医生为堕胎者，并广泛使用像“未出生的人类”这样的术语来谈论药物的作用。
And what does this tell you about the ways that courts are being used to decide abortion access in the United States right now?
这告诉你当前美国法院用于决定堕胎权利的方式有什么不同吗？
Yeah, it was really striking to see the way this one group sort of targeted Judge Kismaric in the single Judge District in Amarillo and filed there, you know, being familiar with his views over time. And on the flip side, you had the 18 attorneys general from Democratic States and DC went to Washington State to file sort of a defensive lawsuit, but I want to be clear where the group's challenging Mifapris Stone in Texas went to a single Judge District. The attorneys general filed in a district in Washington State that has nine different judges including two nominated by Republican presidents. So, they did not know which judge would be reviewing their case.
嗯，看到这个团体在亚马里罗的单一法官地区针对基斯马里克法官，并且知道他的观点随着时间的推移而改变，实在是很引人注目。另一方面，来自民主州和华盛顿特区的18名检察官前往华盛顿州提起了一项防御性的诉讼，但我想明确指出，挑战德国米法石的这个团体去了一个只有一个法官的地区。检察官们在华盛顿州的一个拥有九名不同法官（其中两名是由共和党总统提名的）的地区提起了诉讼，因此他们不知道哪个法官会审查他们的案件。
So are you allowed to walk away from your computer right now, Ann? Or your phone because every hour, it seems like there's a new twist in this and an update.
安，你可以离开电脑或手机吗？因为好像每小时都会有新的变化和更新，你被允许离开吗？
What are you watching in the next day and the next week?
你在明天和下一周看什么？
Yeah, it's been a whirlwind of a week. We're expecting more filings today. The deadline is midnight, but I imagine it will come before that. We're waiting for the Washington State Judge to clarify how his ruling interacts with the Texas Judges order. And then I expect quickly we may see some action at the Supreme Court.
是的，这个星期过得很快。我们预计今天会有更多的申诉。截止时间是午夜，但我想它会在那之前到来。我们正在等待华盛顿州法官澄清他的裁决如何与德克萨斯州法官的命令互动。然后我预计我们可能会很快看到最高法院有所行动。
If it makes it to the Supreme Court, which could be soon, what could that court do?
如果它最终到了最高法院，这可能很快发生，那么最高法院会怎么做呢？
Yeah, it's unclear how the justices will respond to this, but there are some recent examples of cases involving the FDA and involving this very medication in which conservatives on the court, including John Roberts, talked about the importance of deferring to the FDA's expertise.
是的，目前法官们对此如何回应尚不确定，但最近有一些案例涉及FDA和这种药物，包括约翰·罗伯茨在内的法院保守派谈到了尊重FDA专业知识的重要性。
So, as you know, the court now has a super majority of conservative justices, but this is not sort of a clear case just about abortion. It's also about the FDA's regulatory abilities. We saw yesterday a coalition of pharmaceutical executives come out and say how problematic and destructive this ruling is if it's allowed to stand on the entire marketplace for drugs and research in the United States.
你知道，法院现在拥有超过保守派大多数的大法官，但这并不仅仅是关于堕胎的问题。它还涉及FDA的监管能力。昨天我们看到一群制药公司高管们联合发声，说如果这项裁决得以让步，将对美国的整个药品市场和研究造成问题和破坏。
So, what's happening this week in terms of people accessing Mithapras' tone and what might happen next week?
那么，本周在访问Mithapras音调方面发生了什么，接下来可能会发生什么呢？
So, Judge Kazmerich put his ruling on hold for seven days. So, the status quo is in effect until midnight on Saturday and the Justice Department has asked the Fifth Circuit to rule by noon on Thursday, so I don't expect anything to change before then.
所以，卡兹梅里奇法官暂停了七天的裁决。这意味着现状将持续到周六午夜之前，司法部已要求第五巡回法院在周四中午前做出裁决，因此在那之前我不认为会有任何变化。
And thank you so much for explaining all of this, especially when it's such a complicated legal situation.
非常感谢你解释这一切，特别是在这样一个复杂的法律情况下。
Thanks for your interest. Anne Marimo covers legal affairs for the post.
谢谢你的关注。Anne Marimo负责报纸的法律事务报道。
That's it for post reports. Thanks for listening.
报告就到这里了，谢谢你们的聆听。
Today's show was produced by Alana Gordon. It was mixed by Sean Carter and edited by Maggie Penman. Thank you to Rachel Rubin.
今天的节目由Alana Gordon制作。由Sean Carter混音，Maggie Penman编辑。感谢Rachel Rubin。
And don't forget to grab a ticket for Martins live event. It's on April 13th at 6th and I in DC. But you can also stream it online. It's with the author of the new book Romantic Comedy. We'll have a link to all the information you need in our show notes.
还有别忘了抢购Martin的现场活动门票。地点在DC的6th和I街，日期是4月13号。如果你无法到现场，也可以在线上观看。这场活动是和新书《浪漫喜剧》的作者共同举办的。我们会在节目注释中提供所有必要信息的链接。
I'm Libby Casey. We'll be back tomorrow with more stories from the Washington Post.
我是莉比·凯西。明天我们会回来，带来更多华盛顿邮报的故事。