Skip to main content
April 7, 2023judicialabortion accessmifepristoneFDA authoritydrug approvaljudicial

Republican-appointed Texas judge orders FDA to revoke mifepristone approval

US District Judge Matthew Kacsmaryk, a Trump appointee in Amarillo, Texas, issues a sweeping ruling ordering the FDA to revoke its 2000 approval of mifepristone, the most widely used medication abortion drug. The ruling would effectively ban the drug nationwide. The Biden Justice Department immediately appeals. The 5th Circuit partially stays the ruling, but restricts mifepristone's use to pre-2016 levels. The Supreme Court in April 2023 temporarily preserves access while the case proceeds. In June 2024, the Supreme Court unanimously rules that the anti-abortion doctors who sued lacked standing, preserving mifepristone access, without ruling on the merits. The case represents the most significant threat to FDA drug approval authority in US history.