Biden Administration Faces Legal Challenge to Restrict Access to Abortion Drug Mifepristone

The Biden administration is facing a new legal challenge that could restrict access to the leading abortion drug in the U.S. A 19th century “anti-vice” law, the Comstock Act, has been revived by anti-abortion groups and conservative states in an effort to block the mailing of mifepristone, the pill used in more than half of U.S. abortions.

Health and Human Services Secretary Xavier Becerra said Sunday that “everything is on the table” following a Texas federal judge’s ruling to suspend the Food and Drug Administration’s approval of the medication abortion drug mifepristone. In an interview with CNN’s Dana Bash on “State of the Union,” the secretary would not say whether he believes the FDA should ignore the ruling and keep the drug on the market, but he maintained that the Biden administration is considering all options.

U.S. District Judge Matthew J. Kacsmaryk said that the Food and Drug Administration’s approval of mifepristone more than two decades ago violated federal rules. On Friday, the judge sided with Christian conservatives in ruling that the Comstock Act prohibits sending the long-used drug through the mail.

The Biden administration is now looking for ways to overturn the ruling, with Becerra saying there is a “good chance” of Supreme Court intervention. In the meantime, the administration is considering all options to ensure access to the abortion drug. The ruling has been met with criticism from pro-choice advocates, who argue that it will have a negative impact on women’s health and rights.