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Dear John,
Any day now, a federal judge in Texas could issue a decision forcing the United States Food and Drug Administration (FDA) to rescind its approval of mifepristone, one of two drugs commonly used in medication abortions. Even though the lawsuit is in Texas, if the anti-abortion advocates are successful, the decision could mean mifepristone is forced off the market nationwide. This would mean it will be unavailable for everyone, even in states where abortion is legal.
Here’s what you need to know:
- The background: After the Supreme Court overturned Roe v. Wade last summer, conservative anti-abortion groups started targeting medication abortion in their next attempt to limit access to abortion. Mifepristone has been proven safe and effective by the FDA for the last 20 years and is used in more than half of abortion procedures nationwide. Five million people have safely and effectively used the drug to end their pregnancies.
- The case: Anti-abortion conservative groups have filed a lawsuit to revoke the FDA approval of mifepristone. This case is filled with baseless and bogus scientific claims about its safety. Even worse, the case will be decided by one of the country's most conservative judges: District Court Judge Matthew Kacsmaryk. Kacsmaryk was nominated by President Donald Trump and has already issued dangerous opinions on reproductive health and trans health cases. Make no mistake, this is a politically motivated attack.
- What this means: If FDA approval of mifepristone is revoked, millions would lose access to medication abortion care, wreaking havoc overnight. And it would create a dangerous precedent of delegitimatizing FDA approval and represent a serious attack on our democracy. This case proves what we knew all along, that overturning Roe v. Wade was never about state’s rights—it was about banning abortion for all of us, everywhere across the United States.
- What you can do: It is incredibly scary that a Texas judge would defy the rule of law and boundaries of our democracy in order to strip access to medication abortion even in states where it is protected and legal. While we wait for the decision, take care of yourself and your community, and offer care and mutual support to one another. Check out our Abortion Always page to further your education and share what you learned on social media.
If you or others in your community have questions about your legal rights to provide or support abortion care, or if you have been threatened with arrest, prosecution, or other legal action related to abortion, please contact the Abortion Defense Network, of which NWLC is a founding member, to be connected with values-aligned attorneys who can provide legal advice or representation, and with funds that may be able to help with legal expenses.
Above all, remember people had abortions before Roe, and people will have abortions no matter how many restrictions and bans lawmakers pass. We will continue to fight for the safety, health, and freedom of everyone who needs abortion care. Always.
In solidarity,
Leila Abolfazli
she/her/hers
Director of National Strategy on Abortion Rights
National Women’s Law Center
P.S. Make sure your friends and family know about this case and what's at stake too. Share these explainer graphics using the links below.
Taking away FDA approval of mifepristone is a lawless act. It’s not just an attack on abortion, it’s an attack on democracy.
Taking away FDA approval of mifepristone is a lawless act. It’s not just an attack on abortion, it’s an attack on democracy.
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