Texas judge sends abortion pill case back to Missouri

Judge Matthew Kacsmaryk has denied a request to throw out a lawsuit challenging the safety of abortion pills, and has transferred the case to a district court.

Key Takeaways:

• In June of 2024, the Supreme Court rejected a legal challenge by doctors to the expanded use of the abortion pill mifepristone, ruling that there was no standing to sue.

• A group of attorneys general filed a new lawsuit challenging the expansion of mifepristone, with the FDA and the manufacturer of mifepristone asking for the suit to be thrown out.

• Kacsmaryk refused, but sent the case to a district court in Missouri, ruling he has no jurisdiction.

The Details:

This week, Kacsmaryk ruled that he did not have jurisdiction over the case, and transferred the case to the Eastern District of Missouri in St. Louis. “Instead of returning this years-long case to square one,” Kacsmaryk said, sending the case to the Missouri court would “avoid the costs and delay.”

As Texas did not join the lawsuit until later, Texas does not have jurisdiction. He specifically chose the Eastern District of Missouri because it is in "an accessible district with a major city.” Had Texas joined earlier, Kacsmaryk said he could have had jurisdiction over the case.

NEW ANALYSIS: Nearly 11% of women suffer ‘serious adverse events’ after taking abortion pill

“This order ensures Missouri’s case will be heard where it belongs: in Missouri,” the Missouri Attorney General’s Office said in a statement. “We will continue protecting the health and safety of women and children in our state and continue fighting to hold the Biden Administration and its allies accountable for unlawfully loosening safeguards on chemical abortion drugs.”

The Backstory:

In July, Missouri Attorney General Andrew Bailey filed a lawsuit against the Food and Drug Administration (FDA), which was later joined by multiple other states, including Florida and Texas. The first lawsuit had been dismissed by the Supreme Court due to a lack of standing, but both suits sought for the FDA to restore the original safety restrictions on mifepristone, which have been gradually weakened over the years.

The abortion pill (mifepristone 200mg) was approved by the FDA in 2000, with the following safety protocols in place:

• Women must be seven weeks pregnant or fewer to take the drugs.

• Women must have at least three in-person doctor visits to prevent severe and even life-threatening complications.

• A doctor must prescribe the drugs.

• A doctor must report all complications women suffer from the drugs.

The Obama administration began to change the safety protocols by allowing the abortion pill to be taken through 10 weeks instead of seven, and removing the in-person requirement for an abortion client to take the pills in front of a physician. Additionally, the administration removed the reporting requirement for non-fatal adverse events, so only deaths associated with the abortion pill would be reported to the manufacturer — and not injuries.

The Biden-Harris administration continued this trend, allowing abortion pills to be sent through the mail, causing several reported cases of forced or coerced abortion. The requirement for the drug to be dispensed in person was also permanently eliminated, and additionally, the administration allowed retail pharmacies to dispense abortion pills.

A recent analysis found that 11% of women who take the abortion pill suffer serious adverse events — 22 times higher than what the FDA claims.