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Washington


May 2, 2023 Update


Mifepristone litigation:

On April 21, The Supreme Court issued a stay (or pause) on a Texas judge’s decision to revoke 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 made decisions on the safety and efficacy of the product.

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. Oral arguments in this case before the 5th Circuit Court of Appeals will be on May 17. ASRM and other leading medical organizations have joined amicus briefs urging continued access to abortion pills and continue to monitor this and related litigation actively.

Recent State Action

On April 27, the Governor signed into law protections for those who seek abortion and gender-affirming care and ordered a three-year supply of mifepristone.


April 10, 2023 Update

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.

State Legislation and Reproductive Medicine

The ASRM Center for Policy and Leadership (CPL) has released reports concerning States' Abortion Laws and their Potential Implications for Reproductive Medicine. Current as of the date of publication, the reports provide an overview of states’ abortion laws, together with analysis of potential implications for reproductive medicine, including IVF.

More Reproductive Rights Resources