Mifepristone is a medication used, along with misoprostol, to bring about a medical abortion. In December 2021 the FDA removed the requirement that mifepristone be dispensed to a patient only in-person, and in January 2023, the FDA approved a protocol allowing pharmacies to dispense the medication directly to patients.
Following the most recent FDA change, both CVS and Walgreens announced they plan to sell mifepristone in states where abortion has not been completely outlawed to patients with a prescription from a certified healthcare provider, including prescriptions granted via telehealth visits.
This type of move, occurring after the Supreme Court’s decision that overturned Roe v. Wade in the summer of 2022, was bound to get the attention of conservative lawmakers during this current legislative session. Many state legislatures currently have bills filed that aim to tighten restrictions around abortion access.
In an open letter written by Missouri’s Attorney General Andrew Bailey, it is clear that he, Paxton and nearly 20 other state attorneys general aren’t happy about it.
“As Attorney General, it is my responsibility to enforce the laws as written, and that includes enforcing the very laws that protect Missouri’s women and unborn children,” Bailey’s letter stated. “My Office is doing everything in its power to inform these companies of the law, with the promise that we will use every tool at our disposal to uphold the law if broken.”
Paxton’s announcement that he was joining the Missouri AG’s effort included the claim that “though the FDA has abdicated its responsibility to protect women’s health, we have not.” That sentiment echoes the closing of Bailey’s letter when he writes, “We emphasize that it is our responsibility as State Attorneys General to uphold the law and protect the health, safety, and well-being of women and unborn children in our states.”
Drucilla Tigner, the deputy director of Planned Parenthood Texas Votes, isn’t moved by Paxton’s claim that he’s concerned about the health of Texas women.“Any threat to abortion access is a threat to everyone's bodily autonomy.” – Kamyon Conner, Texas Equal Access Fund
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“Ken Paxton and anti-abortion extremists have proven that they are focused on banning abortion and dismantling sexual and reproductive health care nationwide, including by trying to end the FDA’s approval of mifepristone,” Tigner says. "Abortion is health care, and all efforts to deny access to essential health care directly contradict any claims to protect Texans.”
The executive director of abortion rights group Texas Equal Access Fund, Kamyon Conner, says that “abortions are a part of the full spectrum of pregnancy care.” She views this threat against pharmacies as a threat against women’s rights, not as a sign of concern for their health.
“Any threat to abortion access is a threat to everyone's bodily autonomy,” she says. “The criminalization of abortion further emboldens police, ICE and other law enforcement agencies to surveil and investigate people for their pregnancy outcomes.”
On top of Bailey’s sternly worded letter and Paxton’s press release is news of a new lawsuit that aims to repeal the FDA’s approval of mifepristone. The Texas Tribune reports that “the case was filed in Amarillo, where U.S. District Court Judge Matthew Kacsmaryk, nominated by President Donald Trump and known for his conservative views on issues like same-sex marriage and abortion, could rule as early as this week.”
Paxton has been one of the loudest anti-abortion voices in the nation since the Supreme Court's decision was handed down. In the past few months he’s spoken out against the U.S. Department of Veteran Affairs and the Biden Administration for decisions regarding abortion access. Planned Parenthood’s Tigner isn’t surprised.
“Ken Paxton has long been a leading architect of the fight against our personal freedoms and is not interested in doing what is best for the people he was elected to serve,” she says. “Everyone should have the ability to make decisions about their own reproductive lives and futures, including choosing the method of abortion that works best for their circumstances.”
