In the Press
April 11, 2023

6 Burning Questions About How the FDA Will Handle Conflicting Abortion Pill Decisions (STAT)


A dueling pair of federal court decisions has thrown the fate of the abortion pill mifepristone into jeopardy — and have left regulators and drugmakers navigating uncharted territory. The pill’s future remains hazy as federal officials, pharmaceutical companies, and providers grapple with the tricky legal questions and the potential long-term ripple effects. STAT spoke with regulatory and legal experts about what could come next. How does the FDA balance its response to two conflicting rulings? “For the FDA, the ideal outcome is not to have this order (from the judge in Texas) go into effect, because it would be disruptive if it does,” explained Susan Lee, a Life Sciences partner who specializes in FDA regulatory issues. “And if the other order (from the judge in Washington State) does go into effect, it puts the FDA in the position of not being able to comply with either order. “But in some ways, the FDA would get what it wants, because it would prefer the status quo.”