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Federal Judge Permits Red States to Proceed with Mifepristone Lawsuit


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A Texas federal judge has ruled that three Republican-led states—Idaho, Missouri, and Kansas—can resume their lawsuit aimed at restricting access to mifepristone, a decision that comes months after the Supreme Court dismissed a related case. U.S. District Judge Matthew Kacsmaryk, appointed during President Trump's first term, determined that these states could intervene in a case originally brought by anti-abortion activists and doctors.

 

Previously, the Supreme Court ruled that the plaintiffs, primarily conservative doctors, lacked the legal standing to challenge mifepristone's availability because they had not demonstrated personal harm from the government's regulations. However, Judge Kacsmaryk's decision allows the red states to file a new complaint, arguing that the FDA’s actions to ease restrictions on mifepristone have led to an influx of the drug across state lines, jeopardizing women's health and undermining state anti-abortion laws.

 

The contested FDA measures include the approval of mifepristone for use within the first ten weeks of pregnancy and its availability via telemedicine and mail. Since 2016, these changes have made the drug more accessible, sparking opposition from conservative states.

 

The Biden administration's Department of Justice argued for the dismissal of the case, asserting that Idaho, Missouri, and Kansas lacked the legal standing to file in Texas. Despite this, Kacsmaryk upheld the states' right to challenge the FDA's regulations. In his ruling, he noted that the FDA and Danco, the drug’s manufacturer, would still have an opportunity to contest the lawsuit's merits.

 

Kacsmaryk's past rulings, including a 2023 decision ordering mifepristone off the market, have drawn significant attention. His recent ruling shifts the focus to the upcoming steps, which could fall under the Trump administration's influence. Pam Bondi, Trump's nominee for attorney general, has yet to confirm whether she would defend the FDA's actions, citing the need for further research while pledging that her anti-abortion stance would not sway her professional duties.

 

The FDA consistently maintains that mifepristone, particularly when used with misoprostol, offers a safe and effective alternative to surgical abortion. The Supreme Court's earlier ruling addressed only the standing of the plaintiffs, without delving into the regulatory or safety issues at hand.

 

Based on a report by The Hill 2025-01-21

 

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