Member Forum: Proposed Legislation to Protect the Use of Mifepristone
What’s the Issue and Why Does it Matter?
In July of 2025, a group of Democratic Congresswomen introduced legislation to protect American's ability to access safe effective medications that have been reviewed and authorized by the FDA. This bill, called the Right to FDA-Approved Medicines Act, clarifies that FDA approval of medicine preempts State efforts to ban their prescription, provision or use.
Why is this important?
The Supreme Court’s 1973 Roe v Wade decision granted women the constitutional right to privacy and bodily autonomy, including the right to choose an abortion to terminate a pregnancy. However, in 2022, the Supreme Court overturned this ruling in Dobbs v Jackson Women’s Health Organization, giving States increased rights to limit and even outlaw abortions.
One approach to further limiting abortion access that is now being proposed is to outlaw use of Mifepristone. Mifepristone is a drug that blocks a hormone called progesterone needed for a pregnancy to continue. Mifepristone, when used together with another medicine called Misoprostol, is used to end an intrauterine pregnancy.
First approved by the U.S Food and Drug Administration (FDA) in 2000 for medical termination of pregnancy through seven weeks gestation, and later extended to ten weeks gestation in 2016, Mifepristone use has continued to grow. Almost two thirds (63%) of abortions in the United States in 2020 were chemically induced by use of these drugs. While such extensive use of Mifepristone has shown the drugs to be safe and effective, anti-abortion advocates have questioned the FDA's original approval of the drug. In another approach, delivery of the drug to patients that involves transport across state lines is being challenged by the centuries-old Comstock Act.
Meanwhile, Republicans, including Senator Josh Hawley from Missouri, continue to press the FDA to restrict the use of Mifepristone, citing safety concerns. In a recent interview, however, FDA Commissioner Dr. Marty Makary indicated that he had “no preconceived plans” to change the policies on Mifepristone and cited an ongoing review of safety data by the FDA.
What Action Can You Take?
While Congress is currently in recess, when they return to Washington in early September, it will be important to call both Senators and Representatives in the House to ask that they support the Right to FDA-Approved Medicines Act. The easiest way to do this is to use the FiveCalls app. Alternatively, the contact information for your Representative in the House can be found here and your Senator’s contact information may be found here.