Federal Judge Transfers Lawsuit Seeking to Restrict Abortion Pill Mifepristone
A Texas federal judge declined to dismiss a lawsuit against the Food and Drug Administration (FDA) aiming to sharply restrict access to the abortion pill mifepristone. However, U.S. District Judge Matthew Kacsmaryk opted to transfer the case to Missouri, keeping the legal challenge alive.
The Transfer Decision
Judge Kacsmaryk ruled that Idaho, Missouri, and Kansas, states that intervened in the lawsuit, lacked sufficient ties to Amarillo, Texas, where the original lawsuit was filed. Instead of outright dismissal, he transferred the case to the Eastern District of Missouri "in the interest of justice."
The judge explained that dismissing the case would force the plaintiffs to begin anew, requiring them to sever any connection between the intervening red states and the original plaintiffs – a group of anti-abortion activists and doctors who initially brought the lawsuit in 2022.
Supreme Court's Previous Ruling
Last year, the Supreme Court dismissed the original lawsuit, finding that the private parties lacked the legal standing to challenge access to mifepristone. The justices determined that the conservative doctors involved had not demonstrated personal harm resulting from the government's regulation of the drug. It is important to note that the Supreme Court’s ruling focused on the legal standing of the plaintiffs and did not address the underlying regulatory or safety issues of mifepristone.
State's Claims and Potential Outcomes
The red states argued in their complaint that the FDA's actions to ease access to mifepristone have led to the drug flooding across state borders, endangering women's lives and undermining state anti-abortion laws. However, Judge Kacsmaryk did not rule on arguments from the Trump administration for why the case should be dismissed outright.
The transfer to Missouri opens the possibility of a ruling on the merits of the case, which could potentially reinstate prior restrictions on mifepristone usage or even revoke the medication's approval altogether. The states' attorneys general requested the drug's use be banned after seven weeks of pregnancy instead of ten, and that federal regulators require three in-person doctor's office visits before access is granted.
Challenges to Generic Versions and Industry Response
The lawsuit also challenges the FDA's approval of generic versions of mifepristone. GenBioPro, a manufacturer of generic mifepristone, joined the lawsuit as a defendant. CEO Evan Masingill expressed disappointment that the case wasn't dismissed, labeling it "politically motivated."
"Mifepristone has been approved by the FDA for a quarter century using their rigorous standards. Any attempt to roll back access to mifepristone infringes on Americans’ reproductive freedom and will jeopardize the health of millions nationwide. GenBioPro remains committed to ensuring affordable, science-based access to medication abortion for all who need it," said Evan Masingill, CEO of GenBioPro.
Mifepristone has been used by over 7.5 million people in the U.S. for medication abortion and miscarriage care since its approval by the FDA more than two decades ago. Judge Kacsmaryk's ruling follows a recent announcement from the Department of Health and Human Services that it is reviewing mifepristone’s safety regulations. The FDA has consistently found mifepristone to be safe and the medication abortion regimen, including mifepristone and misoprostol, as a safe and effective alternative to surgical abortions.
