Florida and Texas opened a new legal front in the abortion debate last Tuesday, filing a joint lawsuit against the FDA that seeks to roll back more than two decades of access to the abortion pill mifepristone.
Attorneys General James Uthmeier of Florida and Ken Paxton of Texas argue the federal agency’s decisions to loosen restrictions on the drug—specifically allowing it to be shipped by mail—were “arbitrary and capricious.”
The 120-page complaint claims these federal rules violate the 1873 Comstock Act and illegally interfere with state laws, such as Florida’s six-week ban, which requires in-person dispensing.
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The ACLU quickly condemned the suit, calling it a political attack on a medication used in two-thirds of U.S. abortions.
While the states argue the FDA ignored safety protocols, civil rights groups contend the move is designed to force a nationwide restriction on the drug regardless of scientific consensus.
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