Federal Judge Pauses Texas-Florida Lawsuit Over Abortion Pill mifepristone

U.S. District Judge Reed O’Connor, a George W. Bush appointee, granted the Department of Justice’s request to suspend the lawsuit filed by the attorneys general of Texas and Florida. The pause will remain in effect until either the FDA completes its ongoing safety review of mifepristone or the court-set deadline in early December, whichever occurs first. Both states consented to the suspension. The suit seeks to overturn the FDA’s 2000 approval of the medication and cites the 1873 Comstock Act in an effort to ban mail-order abortion pills and related instruments.

WJLA - ABC 7Florida, Texas Abortion Pill Suit Paused for FDA’s Safety Review

The case is one of three federal actions that could reshape the availability of mifepristone, alongside separate challenges in Louisiana, Missouri, Kansas and Idaho. In May, the Supreme Court ruled that the drug may continue to be prescribed, rejecting a lower-court attempt to limit it. The Biden administration’s 2023 decision to remove the in-person dispensing requirement remains in place under the current Trump administration.

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GenBioPro, a generic maker of mifepristone, denied a request to dismiss the case and emphasized its commitment to maintaining access. The FDA is conducting a safety review amid pressure from pro-life lawmakers; a Trump administration official indicated the retrospective analysis could take roughly six months, though preliminary findings might be released sooner. The Department of Justice, representing the federal government, supports the pause to allow the agency’s review to proceed without litigation interference.

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• “We expect the FDA’s review of mifepristone to not contradict the decision they made in 2023 that reaffirmed our product is safe and effective,” — Evan Masingill, CEO of GenBioPro (source: WJLA)

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