Federal judge pauses mifepristone lawsuit until after elections

U.S. Chief District Judge Reed O’Connor has paused a federal lawsuit seeking to revoke the nationwide approval of the abortion drug mifepristone. The ruling delays any decision until at least December 1, following the midterm elections.

The stay was granted at the request of the Food and Drug Administration (FDA) to allow the agency to complete a safety review of the medication. The lawsuit, filed last December by the attorneys general of Florida and Texas, seeks to permanently withdraw the FDA’s original 2000 approval and subsequent decisions that expanded access, including mail-order distribution.

If the states are successful, the medication would become unavailable across all states, regardless of local abortion regulations. The plaintiffs have cited the Comstock Act, a 150-year-old federal law that prohibits the mailing of materials used to induce abortions.

In the same ruling, Judge O’Connor denied a motion to dismiss the case filed by manufacturer GenBioPro and distributor Danco Laboratories. GenBioPro stated it intends to use all available legal tools to ensure continued access to reproductive care.