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Federal judge delays a mifepristone lawsuit until after midterms
The judge delayed the case until Dec. 1 while the Food and Drug Administration reviews mifepristone, leaving nationwide access unchanged for now.
On Sunday, District Judge Reed O'Connor of the Northern District of Texas paused a lawsuit seeking to overturn FDA approval of mifepristone, delaying proceedings until December 1.
Florida and Texas filed the lawsuit last December seeking to revoke FDA approval of mifepristone, citing a 150-year-old Comstock Act that prohibits mailing abortion-related materials across state lines.
Nearly 700,000 people use mifepristone annually, and GenBioPro CEO Evan Masingill stated, "We expect the FDA's review of mifepristone to not contradict the decision they made in 2023."
Access to mifepristone remains unchanged for now, though Judge O'Connor left the door open for the Trump administration to restrict the medication through new pharmacy and prescriber requirements.
The 5th Circuit Court of Appeals will hear oral arguments September 9 in a related Louisiana case, while anti-abortion groups have urged Attorney General Todd Blanche to revisit the Comstock Act.