FILE - Boxes of the drug mifepristone sit on a shelf at the West Alabama Women's Center in Tuscaloosa, Ala., on March 16, 2022. Attorney generals in 20 conservative-led states warned CVS and Walgreens on Wednesday, Feb. 1, 2023, that they could face legal consequences if they sell abortion pills by mail in those states.
The lawsuit was filed by the group Alliance Defending Freedom, which was also involved in the Mississippi case that led to Roe v. Wade being overturned. But in its legal response, the agency said it didn't accelerate the drug’s approval, which came four years after the manufacturer first submitted its application to market the pill.
Kacsmaryk, who previously ruled against a program providing free birth control to minors in Texas, could also issue a ruling rolling back regulators'on the pill's availability. Those have been based on scientific studies showing women can safely use the drug at home. Abortion medication is approved for use up to the 10th week of pregnancy. Mifepristone is taken first, swallowed by mouth. The drug dilates the cervix and blocks the effects of the hormone progesterone, which is needed to sustain a pregnancy.