ACLU Comment on New Lawsuit Seeking to Ban Most Common Abortion Medication Nationwide

Access to mifepristone is under serious threat from both the courts and the Trump administration

December 10, 2025 3:14 pm

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WASHINGTON 鈥 Today, the states of Florida and Texas filed a new in federal court in Texas seeking to end all nationwide access to mifepristone, a safe and effective medication used in of U.S. abortions and as part of a gold-standard regimen for miscarriage care. The new lawsuit, Florida v. FDA, seeks to undo every FDA policy decision on mifepristone going back to the medication鈥檚 original approval 25 years ago.

Florida v. FDA is one of three pending federal lawsuits attacking mifepristone. The other two, Missouri v. FDA and Louisiana v. FDA, seek to severely restrict medication abortion access nationwide by, among other things, banning the use of telemedicine and pharmacies for mifepristone 鈥 forcing every patient to travel to pick up their prescription in person at a health center, which may be hundreds of miles away. Recent show that, by June 2025, more than 1 in 4 U.S. abortions were provided via telemedicine using mifepristone.

鈥淭hese lawsuits have nothing to do with the safety of this medication and everything to do with making it harder for people to get an abortion,鈥 said Julia Kaye, senior staff attorney with the ACLU鈥檚 Reproductive Freedom Project. 鈥淧oliticians in Texas and Florida are asking for a nationwide ban on a safe and effective medication that millions of Americans have used since the FDA first approved it 25 years ago. Anyone who believes that our access to essential medicines should be based on science, not political ideology, should be disgusted by these legal attacks.鈥

Mifepristone鈥檚 excellent safety record has been confirmed by peer-reviewed studies and like the American Medical Association and the American College of Obstetricians and Gynecologists.

Florida and Texas鈥檚 new lawsuit comes as the Trump administration appears to be gearing up to make it even harder for people to access the medication nationwide. Earlier this year, the Trump administration announced that the FDA is conducting a new review of its mifepristone regulations prompted by a report from a Project 2025 sponsor that purposefully distorts the safety record of medication abortion. This paper is a six-page, non-peer-reviewed document that has been for its lack of transparency and gravely flawed methodology. Nevertheless, in a to anti-abortion state attorneys general on Sept. 19, 2025, Secretary Kennedy doubled down on the publication鈥檚 importance, citing this propaganda as a 鈥渞ecent stud[y] raising concerns about the safety of mifepristone as currently administered.鈥 Secretary Kennedy also that the FDA鈥檚 鈥減olicy changes will ultimately go through the White House, through President Trump.鈥

Polling consistently shows that American voters support access to abortion, including medication abortion via mail and telemedicine. At the same time, voters worry that access to abortion remains under threat: a showed that nearly seven in ten voters believe abortion will be harder to access in the next five years.

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