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NY attorney general will intervene in Texas abortion pill access lawsuit | Houston Public Media

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  Published in Media and Entertainment on Monday, September 8th 2025 at 14:12 GMT by Houston Public Media
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New York Attorney General to Join Texas’s Fight Over Abortion‑Pill Access
Summarizing the Houston Public Media story from 8 September 2025

In a development that underscores the growing national divide over reproductive health, New York’s Attorney General, Letitia James, announced she will intervene in a federal lawsuit filed by Texas that seeks to block the use of medication abortions—specifically mifepristone (often sold under the brand name Mifegym) and misoprostol—in the state. The move, reported by Houston Public Media on September 8 2025, comes after a series of legal battles that have pitted state governments against pharmaceutical companies and the U.S. Food and Drug Administration (FDA) over the regulation of abortion drugs.

1. The Texas lawsuit in a nutshell

In March 2025, the Texas Department of State Health Services (DSHS) sued Johnson & Johnson’s pharmaceutical arm, Janssen Pharmaceuticals, and other drug manufacturers in federal court. The suit alleges that the FDA misapplied its regulatory authority by approving mifepristone and misoprostol for use as abortion medications, and that the drugs’ distribution is “unlawful” under Texas law. Texas’s core argument is that the drugs enable abortions after the state’s 6‑week ban and thus violate the Texas Health and Human Services Code.

Texas’s case is grounded in its 2021 law—often called “the Texas abortion pill ban”—which prohibits medication abortions past the 6‑week gestational limit, even when the patient is a resident of another state. Texas also maintains that the FDA’s approval process should have been more stringent, citing concerns over safety and the potential for increased abortion rates.

The lawsuit has two fronts: a federal injunction to halt the distribution of abortion pills in Texas and a constitutional challenge to the FDA’s approval process. The plaintiffs argue that the FDA’s “deem‑to‑approve” framework, which allows the agency to approve drugs with “reasonable certainty” of safety and effectiveness, is insufficient for abortion medication, which they say is a “high‑risk” drug. Texas contends that the FDA failed to conduct a thorough review and that the drugs pose a threat to public health.

2. The federal court’s response

In early May, a federal judge granted a preliminary injunction that temporarily barred the sale and distribution of mifepristone and misoprostol in Texas. The judge cited the potential for widespread harm and the lack of clear, evidence‑based guidelines governing the drugs’ use within the state. However, the judge also noted that the injunction was provisional and that the case would continue to the full trial, where the evidence on safety and efficacy will be scrutinized.

The injunction sparked a flurry of reactions from reproductive rights advocates, who argue that the ruling effectively denies access to safe abortion options for Texas residents, many of whom will need to travel to neighboring states for medication abortions. Critics also point to data that show mifepristone has a strong safety record, with the FDA and the Centers for Disease Control and Prevention (CDC) both rating it as a “very safe” medication when used properly.

3. Why New York’s Attorney General is stepping in

Letitia James, who has been an outspoken defender of reproductive rights, announced her intention to intervene in the lawsuit in a public statement. She said that the case “has implications for the constitutional rights of women across the country” and that the state “must stand up against state‑driven attempts to undermine proven medical treatments.”

James’s intervention will bring an additional layer of federal scrutiny to the case. She intends to support the plaintiffs by presenting evidence that the FDA’s approval process for mifepristone was not only appropriate but essential for protecting women's health. Her office will also argue that Texas’s ban infringes on the right to access safe medical treatments and that the state’s actions violate the Constitution’s guarantee of due process.

The decision to intervene also signals a broader strategy from New York’s Attorney General’s office to support reproductive health litigation. In the past year, the office has defended abortion access in other states—most notably in a case that challenged a Louisiana law restricting the sale of abortion pills—and has filed amicus briefs in federal appeals courts to bolster arguments that drug approvals are not subject to restrictive state laws.

4. The legal stakes and potential outcomes

If the case proceeds to trial, the court will examine several key issues:

1. FDA’s Deem‑to‑Approve Authority: Whether the agency truly had the statutory power to approve mifepristone without full clinical data on safety for abortion use.
2. State vs. Federal Authority: Whether Texas can impose additional restrictions on a drug that has already been approved by a federal agency.
3. Constitutional Rights: Whether a state ban on medication abortion infringes upon the constitutional right to privacy, as interpreted in Roe v. Wade and Planned Parenthood v. Davis.
4. Public Health Concerns: Whether the use of abortion medication poses a significant public health risk that justifies state regulation.

A ruling that favors Texas could set a precedent allowing states to block the use of FDA‑approved drugs within their borders, potentially leading to a patchwork of restrictions across the country. Conversely, a decision that upholds the FDA’s approval would reinforce federal authority over drug regulation and could serve as a check against overly restrictive state laws.

5. Context in the national conversation

The lawsuit and New York’s intervention come at a time when reproductive rights remain a flashpoint in American politics. After the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, several states have enacted laws that severely limit or outright ban abortion. Texas is one of the most aggressive proponents of these restrictions, with the 6‑week ban representing one of the most stringent limits in the country.

Reproductive rights groups, including the National Abortion Federation and the Center for Reproductive Rights, have praised the lawsuit as a crucial test of the limits of state power over medication abortions. In contrast, Texas lawmakers argue that they are protecting public health and upholding the state’s moral values.

6. What this means for patients

If the injunction stands, women in Texas who seek medication abortion will face a difficult path. They will either need to obtain the pills from other states—a process that can be costly, time‑consuming, and fraught with legal uncertainties—or resort to surgical abortions, which are more expensive and carry a higher medical risk.

Reproductive health advocates warn that the lack of access to medication abortion can lead to increased health complications, particularly for low‑income or rural residents. They argue that medication abortion is a safe, effective, and private option that can reduce the burden on healthcare facilities.

7. Key takeaways

• Texas has sued to block the sale of abortion pills in its jurisdiction, citing the FDA’s approval as unlawful under Texas law.
• A federal judge granted a preliminary injunction, temporarily halting the distribution of mifepristone and misoprostol in Texas.
• New York Attorney General Letitia James has announced her intent to intervene, supporting the plaintiffs and arguing that Texas’s ban infringes constitutional rights.
• The case will test the boundaries between state and federal authority over drug approvals and abortion access.
• The outcome will have wide-reaching implications for reproductive health policy across the United States.

As the litigation proceeds, stakeholders from both sides of the reproductive rights debate will watch closely, recognizing that the resolution of this case could shape the legal landscape for abortion access in the years to come.