Abortion pill access faces new legal hurdle nationwide after Texas ruling
Abortion rights win in 7 states, lose in 3
Voters in Missouri cleared the way to undo one of the nation’s most restrictive abortion bans in one of seven victories for abortion rights advocates, while Florida, Nebraska and South Dakota defeated similar constitutional amendments, leaving bans in place Abortion rights amendments also passed in Arizona, Colorado, Maryland and Montana. Nevada voters also approved an amendment, but they’ll need to pass it again it 2026 for it to take effect. Madeline Summerville, attorney and political analyst, joined LiveNOW from FOX to discuss.
The fight over mifepristone access has intensified as a Texas judge allowed Idaho, Kansas, and Missouri to seek stricter rules on the abortion pill, including banning telehealth prescriptions and requiring in-person visits.
The ruling, days before President-elect Donald Trump takes office, could significantly impact medication abortion, now the most common method of ending pregnancies in the U.S.
What does the Texas ruling mean?
The backstory:
In his ruling, U.S. District Judge Matthew Kacsmaryk, a Trump appointee known for previous rulings against the Biden administration, said the states’ arguments merit further consideration. The three states argue that relaxed FDA rules on mifepristone, such as allowing telehealth prescriptions, undermine their abortion laws and enforcement efforts.
This case follows a U.S. Supreme Court ruling last year that found earlier challengers lacked legal standing, effectively preserving access to the drug at that time.
Why are states targeting mifepristone?
Big picture view:
Since the overturning of Roe v. Wade, abortion opponents have increasingly focused on medication abortion. Mifepristone, usually combined with a second drug, accounts for over three-fifths of all abortions in the U.S. Some states are seeking to limit its availability through new legislation, including stricter rules for prescribing and dispensing the drug.
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In this photo illustration, packages of Mifepristone tablets are displayed at a family planning clinic on April 13, 2023 in Rockville, Maryland. (Photo illustration by Anna Moneymaker/Getty Images)
For example, Idaho and Kansas, where abortion laws differ significantly, are both part of this legal effort. In contrast, some Democratic-led states have moved to protect access by allowing telehealth prescriptions and shielding providers from out-of-state investigations.
What’s next for mifepristone access?
What's next:
The court’s decision allows Idaho, Kansas, and Missouri to challenge the FDA’s rules on mifepristone in Texas, with Judge Kacsmaryk set to oversee the case. Legal experts say the case could have broader implications for FDA authority and the availability of medication abortion nationwide.
Meanwhile, states with restrictive abortion laws are watching closely, as any changes to FDA rules could bolster their efforts to limit abortion access further.