Idaho, Missouri, and Kansas Continue Legal Battle Against FDA
On Thursday, U.S. District Judge Matthew Kacsmaryk ruled that Idaho, Missouri, and Kansas can continue their lawsuit against the U.S. Food and Drug Administration (FDA) in an attempt to restrict the availability of the abortion pill mifepristone. The lawsuit, originally initiated by anti-abortion groups and doctors, challenges the FDA’s regulation of the drug, which has been used in over 60% of U.S. abortions since its approval in 2000.
The case had seen a major setback when the U.S. Supreme Court ruled last June that the original plaintiffs lacked the legal standing to challenge the FDA’s regulation. Despite this, Kacsmaryk decided that the Republican-led states could pursue the revised lawsuit in his court, with venue disputes to be addressed later.
Challenging FDA’s Loosened Restrictions
The three states argue against FDA actions since 2016 that have eased restrictions on mifepristone, such as extending its use from seven to ten weeks of pregnancy and allowing it to be prescribed via telemedicine and dispensed by mail. They claim these actions have led to potential complications that their Medicaid programs may have to cover.
Judge Kacsmaryk, appointed by former President Donald Trump, had previously suspended the FDA’s approval of the drug, a decision later overturned by the 5th U.S. Circuit Court of Appeals. The appeals court found the challenge to the original approval was too late but agreed the FDA acted unlawfully in loosening the drug’s restrictions.
Reactions and Ongoing Legal Battles
Julia Kaye of the American Civil Liberties Union criticized the decision, stating, “This outrageous case should have been put to bed.” She expressed concern that Kacsmaryk’s ruling allows “extremist politicians” to continue challenging medication abortion.
The U.S. Justice Department, defending the FDA’s approval, did not immediately comment on the ruling. The legal landscape surrounding mifepristone remains complex, with a group of Democratic-led states separately seeking to prevent the FDA from imposing further restrictions on the drug.
As the legal battles continue, the availability of mifepristone remains unchanged, pending further appeals and rulings.
