Competing Texas and Washington State Rulings Place Coverage of Medication Abortion (Mifepristone) in Question | Practical Law
In a highly anticipated ruling, a Texas district court ruled to stay the Food and Drug Administration's (FDA's) administrative approval of mifepristone (a medication abortion drug) and the agency's later actions regarding the drug, as challenged in the litigation. On the same day, a Washington State district court preliminarily enjoined the FDA from "altering the status quo" regarding the availability of mifepristone under a January 2023 risk evaluation and mitigation strategy (REMS). The Texas ruling in particular, if it goes into effect, will have a significant impact on employer-sponsored health plans that currently cover mifepristone for medication abortion.