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The Courts and Post-Dobbs Access to Reproductive Care: Implications of the Mifepristone and Medical Abortion Lawsuits

06.14.2023 | 2:00 PM - 3:30 PM ET

Post-Dobbs, medication abortion has been a prime topic of litigation across the country. The Food and Drug Administration (FDA) has faced competing decisions involving mifepristone, a medication used in half the abortions in this country. In Texas, a group of physicians argue that the FDA should not have approved the drug in 2000 or loosened restrictions to allow mail-ordered distribution. In Washington, states claim that the FDA must lift the remaining restrictions on mifepristone. Other suits argue that state restrictions on distribution of mifepristone are preempted by the FDA’s regulations. This litigation has significant implications for the pharmaceutical industry, medical practice, and abortion access across the country. 


  • Sheela Ranganathan, Associate, Sheppard Mullin
  • Elizabeth W Sepper, Professor, University of Texas School of Law
  • Zoraima Pelaez, Equal Justice Fellow, ACLU

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