Mifepristone litigation:

On Friday, April 7, a single, federal judge in Texas issued a ruling that stays, for one week, FDA approval of mifepristone, effectively removing it from the market. Since the passage of the Pure Food and Drug Act of 1906, the FDA has been charged with making decisions on the safety and efficacy of the product. The Biden administration filed an appeal on Monday, April 10.

Immediately following the Texas ruling, in an unprecedented situation, a federal court in Washington state issued a conflicting decision, ordering the FDA to keep mifepristone available under the FDA’s existing regulations. While the outcome of this conflicting stance is uncertain, it is expected to wind its way to the Supreme Court, a body that made its views on abortion access relatively clear in June’s Dobbs decision. ASRM and other leading medical organizations have joined amicus briefs urging continued access to abortion pills and continue to actively monitor this and related litigation.

Recent state actions:

• Kansas: On March 22, the House approved a measure (HB 2313) requiring physicians to “exercise the same degree of professional skill, care, and diligence to preserve the life and health” of a child born after an attempted abortion as another infant. Any physician in violation would be open to civil action or felony charges.
• West Virginia: The Governor signed a “religious freedom” (“RFRA”) measure after Republicans rejected amendments from Democrats to carve out an abortion exception. 
• Minnesota: On April 3, the Minnesota Court of Appeals rejected an attempt to reinstate abortion restrictions that a judge determined, last year, was unconstitutional. A county prosecutor sought to appeal a judge’s decision last year throwing out most of the state’s abortion restrictions (including a 24-hour waiting period and a parental notification requirement) as unconstitutional. 
• Wisconsin: On April 4, Wisconsin voters elected a progressive candidate to the state Supreme Court, flipping majority control at a point that many deem crucial as an abortion ban winds its way through the courts.
• Idaho: On April 5, the state’s Republican governor signed into law a bill making it a crime for any adult to help a minor obtain an abortion without parental consent, including by traveling to a state where abortion is legal. This statute, which provides that an adult charged under the law faces up to five years in prison and gives legal standing to the minor’s parents, siblings, the person who impregnated the minor, and children of the minor, is expected to face legal challenges.