Attorneys general from Texas and Florida have filed a new lawsuit aimed at restricting access to the medication abortion drug mifepristone, seeking to overturn the approval of its brand-name and generic versions dating back to 2000. The suit is part of an ongoing effort by state Republican officials to limit how the drug, used with misoprostol to end pregnancies before 10 weeks, can be dispensed. Similar legal challenges are underway in Missouri and Louisiana.
The latest Texas filing argues that FDA approvals allowing mifepristone to be dispensed without in-person visits, including during the COVID-19 pandemic, are unsafe and violate state authority. The complaint cites the Comstock Act of 1873 and claims the 2000 approval of the drug and subsequent regulations were “arbitrary” and “capricious,” calling for them to be nullified. Florida Attorney General James Uthmeier and Texas Attorney General Ken Paxton contend the court should strike down existing FDA guidelines. Critics, including the American Civil Liberties Union, call the lawsuits politically motivated and argue that mifepristone is safe, with millions of Americans having used it since approval. New research shows medication abortions continue to increase nationwide, particularly via telehealth, accounting for roughly one-quarter of procedures in the first half of 2025. The case will be assigned to a judge for an initial hearing in the coming weeks.