Federal lawsuit targets abortion by medication

An alliance that challenged Roe now seeks to outlaw drugs that end pregnancies.

AUSTIN, Texas — Abortion opponents who were part of the challenge to Roe vs. Wade filed a lawsuit Friday that takes aim at medication abortions, asking a federal judge in Texas to undo decades-old approval of the drugs that have become the preferred method of ending pregnancies in the United States.

Even before the Supreme Court earlier this year struck down the constitutional right to an abortion, the use of the pills had been increasing, and demand is expected to grow as more states seek abortion limits.

The lawsuit was filed by the Alliance for Defending Freedom, which was also involved in the Mississippi case that led to Roe vs. Wade being overturned. The new lawsuit argues that the U.S. Food and Drug Administration erred in approving the drugs mifepristone and misoprostol and overstepped its authority in doing so.

The FDA said it does not comment on pending litigation.

The lawsuit was filed in federal court in Amarillo, Texas. The state banned abortion after the Roe decision and is among those where GOP lawmakers have banned mail delivery of the pills.

The number of medication abortions has increased since regulators started allowing them; they now account for roughly 40% of U.S. abortions. The medication can cost as little as $110 to get by mail, compared with at least $300 for a surgical abortion. Research has shown that the pills are safe.

However, people seeking abortion pills often must navigate differing state laws, including bans on delivery of the drugs and on telemedicine consultations to discuss them with a healthcare provider.

Before the Biden presidency, U.S. government policy banned mail delivery of the drugs nationwide.

Abortion medication is approved for use up to the 10th week of pregnancy. The pills may be taken in a doctor’s office or clinic, where patients sometimes have an ultrasound or lab tests beforehand.

Mifepristone is taken first, by mouth. The drug dilates the cervix and blocks the effects of the hormone progesterone, which is needed to sustain a pregnancy. Misoprostol, a drug also used to treat stomach ulcers, is taken 24 to 48 hours later. The pill is designed to dissolve when placed between the gums and teeth or in the vagina. It causes the uterus to cramp and contract, causing bleeding and expelling pregnancy tissue.