On February 23, 2023, Washington State Attorney General, Bob Ferguson, joined by Attorneys General from Nevada, Delaware, Arizona, Illinois, Connecticut, Colorado, Vermont, New Mexico, Michigan and Rhode Island, filed a federal lawsuit challenging the restrictions placed by the FDA on Mifepristone on the basis that such restrictions are overly burdensome and not based upon medical science.

Attorney General Ferguson also filed a preliminary injunction asking the court to halt the enforcement of the FDA's restriction on Mifepristone while the case proceeds. In particular, the suit claims that the FDA's restrictions expose patients and providers to potential abuse, harassment and violence by having to submit burdensome certifications and other documents that would be accessible in the patient's medical record and accessible by providers in states where abortion is illegal. [https://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Another/News/Press_Releases/Mifepristone%20Complaint.pdf.]

As previously reported on the Dobbs Resource page, a suit is pending in a Texas federal court challenging the FDA's loosening of the restrictions on the procurement of Mifepristone. Commentators have argued that if there is a split decision by these two federal courts, an appeal to the Supreme Court is likely.

As new developments arise, we will continue to update our Dobbs Decision Resource Center. In the meantime, please contact one of the lawyers in Shipman's Health Law practice group if you have questions about this ever-changing legal landscape.

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