A Texas judge who previously stopped the approval of the nation’s most prevalent abortion method has ruled that three states can proceed with another effort to challenge federal regulations concerning the abortion drug mifepristone.
Idaho, Kansas, and Missouri filed a request late last year to take their case to federal court in Amarillo, Texas, following a narrow U.S. Supreme Court ruling that determined abortion opponents initially involved in the case did not possess the legal right to sue.
Matthew Kacsmaryk, the sole federal judge in Amarillo and a Trump appointee, has made several rulings against the Biden administration on different subjects, including immigration policies and LGBTQ rights.
The states are asking for the federal Food and Drug Administration (FDA) to ban telehealth prescriptions for mifepristone, mandate its use only in the first seven weeks of pregnancy instead of the current ten-week limit, and require three in-person doctor visits to obtain the drug rather than allowing virtual consultations.
Their argument is that accessing these pills “compromises state abortion laws and hampers law enforcement efforts,” as reflected in court documents.
In response, Judge Kacsmaryk indicated that the states should not be dismissed from filing suit in Texas just because they are not located within its borders.
On the other hand, the American Civil Liberties Union (ACLU) pointed out that this matter should have been resolved after a unanimous U.S. Supreme Court ruling last year preserved access to mifepristone, stating that the initial plaintiffs lacked the legal standing to bring the case.
The ACLU expressed concern that Kacsmaryk’s ruling leaves a pathway for extremist lawmakers to continue challenging medication abortion in his court.
The ruling arrives just days before Donald Trump embarks on his second term as president, which suggests that his administration may be defending the FDA in this case. Trump has consistently argued that abortion should be a state matter rather than a federal one, while also asserting during his campaign that he appointed justices who played a pivotal role in overturning the national right to abortion in 2022.
In recent years, opposition to abortion has increasingly focused on medication procedures, especially as a majority of abortions in the U.S. are now conducted using drugs instead of surgical methods. Thus far, lawmakers in at least four states—Indiana, Missouri, New Hampshire, and Tennessee—have presented bills aimed at banning abortion pills, with Louisiana being notable for classifying them as controlled dangerous substances last year.
Unlike prior efforts to revoke the FDA’s initial approval of mifepristone, Kacsmaryk is addressing a more targeted approach from these states, which seeks to reverse key FDA updates that have made access to the drug easier.
However, it is essential to note that despite state leaders pushing for stricter regulations, voters in Missouri demonstrated a contrasting view in November by passing a measure that repealed one of the strictest abortion bans in the country. Conversely, Idaho has enforced a complete ban on abortion at any stage, while Kansas permits abortion until the 22nd week of pregnancy.
Nationwide, 13 states controlled by Republican legislatures have enacted total bans on abortion with a few exceptions, alongside four additional states that impose bans after the first six weeks, often before women realize they are pregnant.
In contrast, certain Democratic-led states have implemented laws designed to protect doctors prescribing these pills through telehealth methods from investigations or prosecution, contributing to a recent study’s findings that residents of states with restrictions are obtaining abortions at rates comparable to those before these laws were enacted.
Mifepristone is typically used in conjunction with another medication for medication abortion and has accounted for over 60% of all abortions in the U.S. since the Supreme Court’s decision to overturn Roe v. Wade.
It is important to note that these drugs differ from Plan B and other emergency contraceptives, which are usually taken shortly after potential conception and weeks prior to pregnancy confirmation. Research indicates that they are generally safe and result in successful abortions over 97% of the time, though this is less effective compared to surgical abortion procedures.
