TEXAS & FLORIDA — Texas, joined by Florida, filed a federal lawsuit against the U.S. Food and Drug Administration (FDA) last week, aiming to block access to the abortion pill mifepristone. The case, filed Dec. 9 in Wichita Falls, argues that the FDA failed to properly evaluate the drug’s safety and effectiveness when approving it in 2000 and during subsequent generic approvals. The states also challenge FDA policies that expanded access, including mail delivery of the medication.
The lawsuit cites the Comstock Act of 1873, which historically prohibited mailing items intended for abortion, arguing it applies to mifepristone. The Biden administration, however, has interpreted the law as covering only unlawful abortions.
Mifepristone, often used with misoprostol, is the most common method for ending early pregnancies in the U.S. Studies confirm its safety and effectiveness. The FDA has declined to comment on the litigation.
Abortion access advocates warn the lawsuit could severely limit legal abortion nationwide. Shellie Hayes-McMahon of Planned Parenthood Advocates of Texas said, “This lawsuit is not about safety or healthcare; it is about control.”
Legal historian Mary Ziegler noted the case continues a pattern of antiabortion legal challenges targeting mifepristone after the fall of Roe v. Wade, including previous cases blocked by the Supreme Court. Texas’ recent actions, such as House Bill 7, allow private citizens to sue anyone distributing abortion drugs into the state, underscoring the strategy of using courts to restrict access.
A ruling restricting mifepristone could also impact protective laws in blue states, potentially exposing providers to legal risk for supplying the medication across state lines. Texas Attorney General Ken Paxton’s office did not immediately respond to requests for comment.
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