Texas judge will let states challenge abortion pill access

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ROCKVILLE, MARYLAND - APRIL 13: In this photo illustration, packages of Mifepristone tablets are displayed at a family planning clinic on April 13, 2023 in Rockville, Maryland. A Massachusetts appeals court temporarily blocked a Texas-based federal j

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AMARILLO, Texas - A federal judge in Amarillo, Texas has opened the door to allowing the attorneys general of three states to challenge federal rules granting access to abortion pills.

Judge Matthew Kacsmaryk issued the order in the Northern District of Texas on Thursday.

What we know:

The ruling allows Idaho, Missouri and Kansas to move ahead with their attempts to limit access to the abortion drug mifepristone after the Supreme Court ruled an earlier version of the complaint filed by anti-abortion advocates lacked judicial standing.

The U.S. Food and Drug Administration and the drug's manufacturer, Danco Laboritories, argued the states lacked venue to bring the case to North Texas.

Kacsmaryk disagreed, however, and said the "venue remains disputed here and should be properly dealt with at a phase where each party may fully argue the issue."

The states case would require the drug be made available only through office visits. Currently, patients can gain access to abortion drugs through telehealth visits and online pharmacies.

The states' argument would require three in-person office visits before the drug could be prescribed. They also want to shorten the time the drug would be available, requiring it to be used during the first seven weeks of a pregnancy instead of the current limit of 10 weeks.

Supreme Court Ruling

The backstory:

The original complaint was brought forward by the Alliance for Hippocratic Medicine in 2022 challenging the FDA's approval of mifepristone, the approval of its generic version and FDA rulings that changed how the drug can be used.

That case was also heard by Kacsmaryk, who ruled in favor of the groups and effectively had the drug taken off the market.

The decision was appealed to the Fifth Circuit Court of Appeals, who granted a stay that allowed Mifeprex to stay on the market, but did not allow generic versions of the drug.

Mifeprex was only allowed to remain under the original approval rules: available only up to seven weeks of pregnancy, approved by a doctor and requiring three in-person office visits.

The FDA and Danco requested a stay on the ruling from the Supreme Court, which was granted, and the generic version of the drug, as well as the relaxed FDA guidelines, were allowed to remain in place.

The Supreme Court heard arguments in the case in March 2024 and issued its opinion that the anti-abortion groups lacked standing to sue the FDA and Danco in June with Justice Brett Kavanaugh writing the opinion.

What is Mifepristone?

Mifepristone is a drug that blocks the hormone progesterone, which is needed for a pregnancy to continue.

When used with misoprostol, it can be used to end a pregnancy during the first ten weeks.

It was originally approved by the FDA in 2000 for pregnancy terminations through the first seven weeks before it was extended to 10 weeks by the FDA in 2016.