In the Press
January 4, 2023

FDA Adds a Major New Twist to the Abortion Pill Fight (Axios)

The Food and Drug Administration yesterday added a new twist to the escalating fight over medication abortion by allowing pharmacies to offer the pills — even as anti-abortion groups mount a unique legal challenge to the approved use of the drugs. The developments underscore how much access to mifepristone, which is used in first-trimester abortions, has become a focal point in the reproductive health wars since the Supreme Court struck down precedents that established a federal right to abortion. Some legal experts say that anti-abortion forces will have a hard time prevailing in what's the first such challenge to an FDA approval, according to Axios. The plaintiffs do not seem to have a "fuller understanding of the FDA's regulatory process," said Susan Lee, a Life Sciences and FDA partner. "I think the prospect of an injunction is unlikely because the plaintiffs will have to show irreparable harm, and I think it's really hard to understand how there's irreparable harm," Lee added.