OLYMPIA — Attorney General Bob Ferguson issued a statement following the U.S. Supreme Court's decision in Food & Drug Administration v. Alliance for Hippocratic Medicine, a case challenging the FDA’s approval of the abortion medication mifepristone.
"This radical challenge to the use of mifepristone failed. But it is not the first attack on reproductive freedom, and it won’t be the last," Ferguson said. "Mifepristone is scientifically proven to be safe and effective after more than 20 years of use in the United States. Our fight for reproductive freedom must continue."
Ferguson highlighted that their federal court case in the Eastern District of Washington argues that current restrictions on mifepristone are unnecessary and unlawful. "Our case already successfully nullified for Washingtonians the radical lower-court ruling in Texas that led to today’s Supreme Court decision," he added.
In April 2023, a federal judge in Texas overturned the FDA’s approval of mifepristone, while a federal judge in Spokane barred the FDA from reducing its availability in Washington, 16 other states, and the District of Columbia. In Texas, doctors sued to block mifepristone's original approval; meanwhile, Ferguson led a coalition to expand access to the drug.
Nearly 60% of abortions in Washington state are medication abortions. Of over 20,000 drugs approved by the FDA, only 60 have extra restrictions known as Risk Evaluation & Mitigation Strategy (REMS). These include opioids like fentanyl and high-dose sedatives used by psychiatric patients.
The FDA-approved regimen for medication abortion involves mifepristone followed by misoprostol. Health care providers must be specially certified by the drug distributor to prescribe mifepristone. Patients and providers must sign an agreement certifying their decision to take these drugs.
Ferguson’s preliminary injunction remained during appeals processes, including at the U.S. Supreme Court level where some Texas rulings were overturned but REMS restrictions were re-imposed prior to 2016. This restricted access outside states covered by Ferguson’s injunction.
Solicitor General Noah Purcell, First Assistant Attorney General Kristin Beneski, Wing Luke Civil Rights Division Chief Colleen Melody, Deputy Solicitor General Tera Heintz and Assistant Attorneys General Lauryn Fraas and Andrew Hughes are handling Washington’s case.
Ferguson has also produced resources such as a “know your rights” brochure available on his office's website for those with complaints about violations of reproductive rights under state law.
Washington's Attorney General serves both people and state agencies across various legal matters including consumer protection and civil rights enforcement.