States sue FDA to eliminate restrictions on abortion pill

The lawsuit asks that the federal court ease restrictions on mifepristone, an abortion pill. Photo by Robin Marty

The attorneys general of 12 Democratic-controlled states sued the Food and Drug Administration (FDA) Feb. 24, requesting that a judge eliminate the specific restrictions for mifepristone, one of the drugs used for medication abortions.

The attorneys general filed the lawsuit in a Federal District Court in the state of Washington in light of anti-abortion groups’ efforts — such as Alliance Defending Freedom — against abortion pill usage.

Matthew Kacsmaryk, a federal judge in Texas, will likely announce a verdict soon favoring an anti-abortion group’s case supporting the overturn of the FDA's approval of mifepristone. 

Kacsmaryk, who has also expressed opposition to Roe v. Wade, could potentially instate a legislative order prohibiting access to mifepristone in states where abortion is restricted or outlawed — such as Idaho, Texas and Florida — as well as in states where abortion is legal — such as California, New York and Illinois.

The Washington court lawsuit does not mention the possible results of the Texas case. However, it does ask that the judge in the Washington case block the order that the Texas judge may give if he rules in favor of the anti-abortion groups. 

This fight regarding abortion rights comes after the Supreme Court made the verdict for the Dobbs v. Jackson Women’s Health Organization case, ruling abortion unconstitutional and returning abortion-related legislations to state decisions. This ruling overturned the landmark 1973 Roe v. Wade case in June 2022. 

CK Magliola, the director for the women’s and gender studies minor at Chapman University, told The Panther that even though it would be a setback for the FDA to possibly revoke approval for mifepristone, the other abortion pill used in the U.S., misoprostol — taken after mifepristone — would still be available.

“If (mifepristone) somehow were declared not safe anymore or not legal anymore, we still have (misoprostol),” Magliola said. “If mifepristone is made illegal, that would be horrible because it’s commonly used in the United States. Over 50% of all medical abortions are using it, so it would be terrible, and it would be awful because it would make it harder for even those states where abortion is presently legal.”

Even though those seeking an abortion or reproductive health care can still take misoprostol, the pill alone is less effective than when taken with mifepristone. 

“Treatment with mifepristone plus misoprostol was more effective than misoprostol alone in the management of missed miscarriage,” stated a 2020 study of pregnant women conducted by National Center Biotechnology Information. “Women with a missed miscarriage should be offered mifepristone pretreatment before misoprostol to increase the chance of successful miscarriage management while reducing the need for miscarriage surgery.”

Magliola also said that the attack on abortion and reproductive rights would still continue if the FDA banned mifepristone. 

“The assault on abortion rights and reproductive rights still won’t be over,” Magliola said. “There’s always going to be this fight to revoke abortion rights and pro-choice decisions, so this is just one of many attempts to do that.”