Most Republican senators on Thursday sent a letter to the Food and Drug Administration calling for restrictions on abortion pills, in response to the agency’s approval of a new generic version of mifepristone.
“We urge you to take decisive action to reevaluate whether this generic version ofmifepristone is suitable to enter the market,” 51 senators — led by Sen. Lindsey Graham — wrote in the letter. (Sens. Susan Collins and Lisa Murkowski, who support abortion access, were the only Republicans to not join in the effort.)
In the letter, the senators commended the Department of Health and Human Services’ pledge to review the safety of the pills, but said they were “deeply concerned” about the FDA’s approval of the new generic pill.
The senators asked the FDA to suspend approval of generic versions of mifepristone until the safety review is conducted, make abortion pills available only in person, “suspend the distribution” of abortion pills as an “imminent hazard,” and withdraw the agency’s guidance allowing pharmacies to sell the pills — all as a “starting point.”
Suspending the generic mifepristone would heavily restrict access to abortion pills generally. GenBioPro, the manufacturer of the first version of the generic drug, has said that it supplies two-thirds of the mifepristone used domestically for medication abortions. (The newly-approved generic mifepristone, manufactured by Evita Solutions LLC, is expected to hit the market in January.)
The senators’ letter is seemingly part of a larger pressure campaign from Republicans to reimpose restrictions on abortion pills under the Trump administration. Over a dozen House Republicans urged HHS Secretary Robert F. Kennedy to fire the FDA officials who were responsible for approving a new generic mifepristone.
An HHS spokesperson declined to comment directly on the letter, but stated that the department “is conducting a study of the reported adverse effects of mifepristone to ensure the FDA’s risk mitigation program for the drug is sufficient to protect women from unstated risks.”
The spokesperson directed NOTUS to an X post from Kennedy in which he alleged that the Biden administration allowed mifepristone to be available via mail “without studying the safety risks.” The secretary again pledged to review the safety of abortion pills. Mifepristone is considered safe and effective by leading medical organizations.
The efforts to restrict access to the pill are also expanding in the courts.
On Wednesday night, the state of Louisiana sued the FDA, looking to get rid of the agency’s guidance, which allows the pills to be mailed, arguing that it violates the Comstock Act. The case is officially the second federal lawsuit that seeks to restrict access to mifepristone.
The Supreme Court had dismissed a lawsuit challenging FDA’s approval of mifepristone, but Louisiana officials said in their complaint that this case “supplies the standing piece that the Supreme Court found lacking” in the previous one.
Allowing abortion pills to be available via mail “directly violates Louisiana’s abortion laws and prevents Louisiana from protecting the lives of unborn babies,” the complaint reads. State officials also argue that they’re the perfect plaintiff for this case because they are in the process of suing an abortion provider in New York for allegedly providing abortion care via telemedicine.
Anti-abortion advocates celebrated the senators’ letter. Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, said she and her group were “deeply grateful.”
“Our government must immediately reinstate the commonsense safeguards that were in place during President Trump’s first term while they conduct a comprehensive study on these dangerous drugs,” Dannenfelser added.