DOJ Requests Pause in Missouri Mifepristone Lawsuit Citing Internal FDA Review

The Department of Justice (DOJ) has initiated a strategic maneuver in Missouri, requesting a federal court to pause or dismiss a lawsuit challenging the Food and Drug Administration's (FDA) regulation of mifepristone. This filing, submitted in early March 2026, marks the second time this year the administration has sought to delay litigation that could drastically alter the landscape of medication abortion access in the United States. By citing an ongoing internal FDA review, the DOJ is attempting to centralize authority over the drug's safety profile within the executive branch, rather than leaving it to the interpretation of various federal courts.

The Missouri lawsuit, spearheaded by Attorney General Catherine Hanaway and supported by counterparts in Kansas and Idaho, seeks to revert mifepristone's usage guidelines to pre-2016 standards. Specifically, the plaintiffs demand that the FDA roll back the approved gestational age for use from 10 weeks to seven and reinstate requirements for in-person prescriptions, effectively banning the telehealth and mail-order models that have become the standard of care for many providers. Hanaway’s amended complaint in November 2025 characterized mail-order abortion drugs as dangerous, a claim that contradicts a wealth of clinical data but serves as the legal anchor for the state's challenge to federal regulatory supremacy.

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The Department of Justice (DOJ) has initiated a strategic maneuver in Missouri, requesting a federal court to pause or dismiss a lawsuit challenging the Food and Drug Administration's (FDA) regulation of mifepristone.

The DOJ’s request for a stay is predicated on the argument that the FDA is currently undertaking a comprehensive review based on all the evidence before the agency. Justice Department attorneys emphasized that the agency is taking care to do this study properly, suggesting that judicial interference at this stage would create regulatory confusion across multiple jurisdictions. However, industry analysts and political observers view this move through a more tactical lens. With the 2026 midterm elections approaching, a definitive ruling—either for or against the FDA—could carry significant political risk. By pushing the pause button, the administration may be attempting to keep the issue out of the headlines until after the polls close.