Conservative states are uniting to push a national ban against one of the most common and safe forms of abortion.
Florida and Texas have filed a lawsuit against the Food and Drug Administration (FDA) over its approval of mifepristone, joining two other lawsuits filed by Missouri and Louisiana in the past few months. The suits challenge not only the FDA's approval of the abortion medication, but also its policies allowing the pill to be delivered via mail.
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“These lawsuits have nothing to do with the safety of this medication and everything to do with making it harder for people to get an abortion,” Julia Kaye, senior staff attorney with the ACLU’s Reproductive Freedom Project, said in a statement. “Politicians in Texas and Florida are asking for a nationwide ban on a safe and effective medication that millions of Americans have used since the FDA first approved it 25 years ago."
The U.S. Supreme Court in June 2024 unanimously rejected a similar lawsuit brought by doctors and anti-abortion groups, but left the door open for future cases. Brett Kavanaugh wrote in the opinion that "citizens and doctors do not have standing to sue simply because others are allowed to engage in certain activities – at least without the plaintiffs demonstrating how they would be injured by the government’s alleged under-regulation of others.” A lawsuit from states will likely have stronger standing.
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Mifepristone is used in two-thirds (63 percent) of U.S. abortions, according to a 2024 study from the Guttmacher Institute. A separate report from the Society of Family Planning found that as of June 2025, more than one-fourth (27 percent) of abortions in the U.S. were provided through telemedicine using mifepristone.
"Anyone who believes that our access to essential medicines should be based on science, not political ideology, should be disgusted by these legal attacks," Kaye said.
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