Abortion Pill Rulings in Conflict: What Happens Next?

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The Texas case that could cut off access to the most commonly used abortion medication has started on a path through the legal system that could quickly lead to the Supreme Court.

The drug, mifepristone, was approved for use by the Food and Drug Administration more than two decades ago. It’s used in combination with a second drug, misoprostol. Since its approval, mifepristone has been used by more than 5 million women to safely end their pregnancies and today more than half of women who end a pregnancy rely on the drug, the Justice Department said.

But in a far-reaching ruling Friday, a federal judge in Texas blocked the FDA’s approval of the drug following a lawsuit by the pill’s opponents. The ruling, which the judge put on hold for a week to allow for an appeal, could affect access to the drug in every state. On Monday, the Biden administration asked an appeals court to allow access to the drug while the case continues to play out.

There is also a twist: The Texas ruling came at virtually the same time a judge in Washington state, ruling in a different lawsuit brought by liberal states, ordered the FDA not to do anything that might affect the availability of mifepristone in the suing states.