By Trish Svoboda

Amarillo U.S. District Judge Matthew Kacsmaryk granted a motion on January 12, 2023, allowing Idaho, Missouri, and Kansas to intervene in a lawsuit against the FDA filed by the anti-abortion group Alliance for Hippocratic Medicine. The FDA argued that the states waited too long, but the judge disagreed, noting that, even if mistaken, the court can allow intervention based on timely application and common legal questions without causing undue delay or prejudice to the original parties

The motion to intervene shows recent data indicating individuals are either traveling out-of-state or resorting to mail orders to obtain chemical abortion pills, or Mifepristone (Mifeprex). The argument is that the drug poses safety risks, resulting in increased costs for hospitals addressing related complications.

In April 2019, the FDA approved the generic form of the drug Mifeprex, followed by approval for its name brand in September 2020. The administration states on its website that the drug is deemed safe when used correctly.

In April 2023, Judge Kacsmaryk took unprecedented legal action by suspending the use of the drug.

In the decision filed on Friday, the judge stated that the states’ motion, which “raises a substantial number of allegations” against the FDA and alleges unlawfulness, has the potential to impact their interests. The court deemed the arguments sufficient, agreeing with one of the three states’ arguments that the case affects them by influencing their economic and sovereign interests.