Idaho, Missouri and Kansas have been granted permission to file a lawsuit aimed at restricting access to the abortion medication mifepristone, The Hill reported Jan. 16.
The decision comes months after the Supreme Court dismissed a similar challenge to the drug's accessibility. The lawsuit, initially brought by a group of anti-abortion activists and doctors, was dismissed in 2024.
The court ruled that the plaintiffs lacked standing to challenge the FDA's regulatory actions on mifepristone, as they failed to demonstrate personal harm from its distribution. However, U.S. District Judge Matthew Kacsmaryk on Jan. 16 ruled that Idaho, Missouri and Kansas can intervene and file the complaint.
The three states argue that the FDA's approval of mifepristone for use up to 10 weeks of pregnancy, along with its availability via telemedicine and mail, has contributed to what they view as a public health risk.
The Justice Department previously sought to have the case dismissed, contending that the states lack legal standing to file the case in Texas. However, Mr. Kacsmaryk, who previously ruled in 2023 against the FDA and called for mifepristone's removal from the market, disagreed with the Justice Department's argument.