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Federal judge delays a mifepristone lawsuit until after midterms

The judge delayed the case until Dec. 1 while the Food and Drug Administration reviews mifepristone, leaving nationwide access unchanged for now.

  • On Sunday, District Judge Reed O'Connor of the Northern District of Texas paused a lawsuit seeking to overturn FDA approval of mifepristone, delaying proceedings until December 1.
  • Florida and Texas filed the lawsuit last December seeking to revoke FDA approval of mifepristone, citing a 150-year-old Comstock Act that prohibits mailing abortion-related materials across state lines.
  • Nearly 700,000 people use mifepristone annually, and GenBioPro CEO Evan Masingill stated, "We expect the FDA's review of mifepristone to not contradict the decision they made in 2023."
  • Access to mifepristone remains unchanged for now, though Judge O'Connor left the door open for the Trump administration to restrict the medication through new pharmacy and prescriber requirements.
  • The 5th Circuit Court of Appeals will hear oral arguments September 9 in a related Louisiana case, while anti-abortion groups have urged Attorney General Todd Blanche to revisit the Comstock Act.
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Stateline broke the news in Chapel Hill, United States on Monday, August 31, 2026.
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