Abortion Lawsuits Place Federal Drug Authority in the Crosshairs

“If a court enjoins the FDA’s licensing, blocks the FDA’s licensing of mifepristone, and it suddenly becomes an unlicensed medication, then the whole argument that FDA approval preempts state law disappears, because the FDA in effect has no longer approved the [drug] because the court has in a sense rescinded the approval,” said Professor Wendy Parmet in the National Journal.