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What’s Happening with the Mifepristone Federal Court Case?

We expect the ruling in Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration to be issued as soon as February 24 (this is a change from the February 10 date that was as previously shared). The judge in the case recently issued an order giving the plaintiffs two more weeks to file a response to briefs previously filed by the Department of Justice and Danco.


A group of anti-abortion activists and organizations sued the U.S. Food and Drug Administration (FDA) in federal court in Amarillo, Texas over the FDA’s approval of mifepristone (mife), one of two medications most commonly used in medication abortion in the United States. In the Texas case, Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al, the plaintiffs have asked the court to issue a preliminary injunction ordering the FDA to withdraw or suspend its approval of mifepristone in 2000, and subsequent FDA decisions making changes to the risk evaluation and mitigation strategy (REMS) for mife (including in 2016 and 2021). The decision on this motion could result in a nationwide ban on mifepristone — even in states where abortion is protected. PPCWNY has plans in place to shift to a misoprostol (miso) only regimen if it becomes against the law to use mife. This is a safe and effective way to provide medication abortion and is used in many places.

Please note: Planned Parenthood is not part of this litigation — the case was brought against the FDA (and the manufacturer of Mifeprex, Danco, has sought to intervene as well).