Attorney General Bob Ferguson is advocating for a federal judge in Spokane to declare the Food & Drug Administration's restrictions on mifepristone unlawful. Ferguson, along with Oregon Attorney General Ellen Rosenblum, leads a multistate lawsuit against the FDA, filed in the U.S. District Court for the Eastern District of Washington. In April 2023, Judge Thomas O. Rice granted a preliminary injunction preventing the FDA from limiting mifepristone availability in Washington and other states.
Judge Rice found that the FDA likely did not adhere to legal requirements when imposing restrictions on mifepristone. Ferguson has filed a summary judgment motion seeking a decision without trial, arguing that mifepristone is safe and effective and that restrictions are unnecessary.
"We are continuing to fight for reproductive freedom, including access to mifepristone," Ferguson stated. "The FDA must remove its unnecessary and unlawful restrictions on this safe and effective medication."
Rosenblum added, "Mifepristone is a very safe drug, yet the FDA makes it unnecessarily difficult for people who need it to get it."
The lawsuit accuses the FDA of excessive regulation of mifepristone despite evidence of its safety. It claims these regulations create risks for providers and patients due to privacy concerns amid growing anti-abortion laws.
The case continues in Washington federal court while similar litigation progresses elsewhere. The attorneys general from 18 states and Washington D.C. have joined this legal effort.