JACKSON — After the U.S. Food and Drug Administration (FDA) approved a new generic abortion pill in late September, Wyoming senators John Barrasso and Cynthia Lummis joined 49 Republican colleagues demanding that the agency reconsider its decision.
On October 9, Senate Republicans sent a formal letter to Health and Human Services Secretary Robert F. Kennedy Jr. and the FDA, urging a review of the approval process for the abortion drug mifepristone.
Republican Recommendations to the FDA
In their joint letter, the senators proposed five major actions:
- Suspend approval of all new generic versions of mifepristone until a safety review is complete.
- Reinstate in-person requirements for dispensing the drug.
- Pause distribution of mifepristone and its generics, citing it as an “imminent hazard.”
- Ensure greater regulatory oversight of abortion pill distribution.
- Strengthen patient safety protocols for women seeking medication abortions.
The senators praised the agency for recognizing public safety concerns related to mifepristone and misoprostol, stating, “We applaud your acknowledgment of the issues surrounding FDA’s approval of the abortion pill regimen and your commitment to following science to protect women and unborn children.”
Criticism of Current Regulations
The letter accused the Biden-Harris administration of encouraging an “abortion-on-demand” culture. The senators expressed alarm that abortion pills can be mailed without doctor consultation or verification of the buyer’s identity.
They argued that unrestricted mail distribution violates state-level pro-life laws, saying, “Every month, thousands of abortion drugs are shipped into states that have restricted abortion access after the Dobbs ruling, weakening pro-life protections nationwide.”
Legal Status of Abortion in Wyoming
Despite political pressure, abortion remains legal in Wyoming, pending a final decision from the Wyoming Supreme Court. The state’s 2023 laws banning most abortions and outlawing abortion medications were both blocked by courts shortly after enactment.
Wyoming was the first U.S. state to explicitly ban abortion pills such as mifepristone and misoprostol, but the ban’s enforcement was halted by Judge Melissa Owens of Teton County District Court in March 2023. The case, Johnson v. State of Wyoming, is currently awaiting review by the state’s highest court.
Judge Owens ruled that these bans violate the Wyoming Constitution, which guarantees every adult the right to make personal health care decisions. She argued the law stripped that right from pregnant women, creating an unequal legal standard.
History of Abortion Battles in Wyoming
Wyoming’s abortion debate has intensified since 2022, when the state legislature passed a “trigger law” banning abortion once the U.S. Supreme Court overturned Roe v. Wade. The same plaintiffs challenging the 2023 laws also contested this trigger ban, which was temporarily blocked by Judge Owens.
Two additional restrictive abortion laws passed in 2025 also faced legal challenges, first in Natrona County District Court and later in Teton County District Court. While one case was dismissed, it has since been refiled in Natrona County, continuing Wyoming’s ongoing legal conflict over abortion access.
The renewed push from Wyoming senators and their Republican peers highlights the deep national divide over abortion access and federal drug regulation. As courts deliberate and the FDA reviews safety concerns, the outcome could shape future reproductive rights and state sovereignty across America.
