Democratic state attorneys general sue Biden administration over abortion pill rules

Updated February 24, 2023 at 3:00 PM ET

A coalition of state attorneys general is suing the Food and Drug Administration, accusing the agency of excessively regulating the abortion pill mifepristone.

Mifepristone was approved in 2000 to induce first-trimester abortions in combination with a second drug, misoprostol. The lawsuit, filed in federal court in Washington state by a dozen Democratic state attorneys general, asks the FDA to lift additional layers of regulation above and beyond those for typical prescription drugs.

It accuses the FDA “singling out mifepristone…for a unique set of restrictions,” and asks the court to declare the drug to be safe and effective, and invalidate the additional regulation, known as a Risk Evaluation and Mitigation Strategy.

The suit comes as a federal judge in a separate case in Texas is considering whether to overturn the FDA approval of the abortion drug, setting up the possibility of conflicting rulings by different federal judges.

An FDA official says the agency does not comment on ongoing litigation.

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