WASHINGTON, D.C. — Less than a year after a Teton County judge threw out a ban on the abortion pill as part of a larger victory for pro-choice advocates in Wyoming, the state’s U.S. senators have urged the Food and Drug Administration to cut nationwide access to the drug regimen.
Pro-life U.S. Sens. John Barrasso and Cynthia Lummis are among 51 Senate Republicans who signed a letter sent last week to the FDA calling for restrictions on mifepristone.
Mifepristone, which the agency first approved 25 years ago, is typically used in tandem with a second drug, misoprostol, to induce abortion. The dual-drug regimen is commonly referred to in the singular as the “abortion pill.”
It is also known as “medication abortion,” and many opponents call it “chemical abortion.” According to Planned Parenthood, it accounts for nearly two-thirds of all abortions in the United States.
Lummis: Health Risks
The timing of the senators’ letter, and the focus, relate to the FDA’s Sept. 30 approval of a second generic version of mifepristone, made by Evita Solutions. But the letter also takes aim at mifepristone more broadly.
U.S. Sen. Lindsey Graham of South Carolina spearheaded the letter. It is dated Oct. 9, though only on Wednesday did Lummis’s office issue a statement on it.
“Not only does this drug pose serious health risks to both unborn children and expecting mothers, but the [Sept. 30] decision also runs afoul of states with pro-life laws on the books,” Lummis said in the statement.
Her comments echoed the letter itself, which claims instances of harm to women.
But pro-choice advocates — currently backed by the FDA in this regard — contend mifepristone in all approved forms is safe for women wishing to terminate a pregnancy.
Julie Burkart, founder and president of Wellspring Health Access in Casper, said the senators’ letter appears to amplify their pro-life views rather than focusing on evidence of harm to women.
“Definitely this is driven by ideology. This is not driven by science,” Burkhart told Cowboy State Daily by phone Wednesday. “Medication abortion has been studied rigorously since it was first introduced in the United States.”
Burkhart, as well as a spokesman for Lummis, cited studies Wednesday in defense of their contrary positions.
Restrictions During Review
The Republicans’ two-page letter, signed by all GOP members of the Senate except for Susan Collins of Maine and Lisa Murkowski of Alaska, does not call for an outright ban on mifepristone.
But it does urge the FDA to “reevaluate” its approval of the Evita Solutions drug. And, while further review is ongoing, the letter says the FDA should take several steps not limited to the new generic drug.
Among these steps, the letter urges, the FDA should for the time being “suspend the distribution of mifepristone and all generic versions as an ‘imminent hazard’”; “withdraw FDA guidance permitting pharmacy distribution of mifepristone and all its generic versions”; and require “in-person dispensing” of the drug, with the stated effect of banning mail delivery.
The letter says the FDA under the Biden administration loosened access requirements too much.
Mifepristone was allowed on the U.S. market in 2000, sold under the brand Mifeprex, and the first generic version was approved in 2019.
Attorneys General of 22 states, including Wyoming, wrote a similar letter to the FDA this summer, urging deeper scrutiny of mifepristone.
Legal Background In Wyoming
After the U.S. Supreme Court overturned Roe v. Wade in 2022, Wyoming was among many conservative-leaning states to enact laws restricting abortion.
One Wyoming law was a first-in-the-nation measure banning the abortion pill specifically, in most instances; and the other was a more general, near-total ban.
But in November last year, Teton County District Court Judge Melissa Owens concluded a year-and-a-half of litigation by tossing both laws, handing a defeat to the pro-life side.
She issued a summary judgment order declaring that abortion is health care, Wyoming’s two abortion bans violate a state Constitution provision promising health care autonomy, and the Legislature’s reasoning did not overcome that right.
Abortion in Wyoming remains legal until viability.
Burkhart, who opened Wellspring Health Access in 2023, confirmed Wednesday that she was a plaintiff in the multiple lawsuits challenging different abortion restrictions in Wyoming.
Not A New Battlefront
The overturning of Roe sent abortion policymaking into the hands of state legislatures and state courts. But the senators’ letter last week to the FDA does not mark a new battlefront on the issue, according to media relations personnel for Barrasso and Lummis.
Laura Mengelkamp, a Barrasso spokeswoman, told Cowboy State Daily by email that Wyoming’s senior senator signed a similar letter to the FDA during President Donald Trump’s first term.
“This is not unprecedented,” Mengelkamp said of the new letter.
The earlier letter regarded “weakening the Risk Evaluation and Mitigation Strategy (REMS) safety review for mifepristone during the pandemic,” Mengelkamp said.
Lummis spokesman Joe Jackson said by email: “Senators routinely engage with federal agencies to ensure that government programs are carried out responsibly and in accordance with Congress's intended goals.”
Both spokespeople emphasized that the new letter has limits to its requests. They said it calls for further review of mifepristone, not a ban.
Barrasso is one of four physicians in the Senate. They are all Republicans who signed the letter.
Sean Barry can be reached at sean@cowboystatedaily.com.
