The Republican attorneys general of Florida and Texas filed a lawsuit against the FDA last December seeking to permanently revoke the agency’s initial approval of mifepristone from 2000, along with subsequent decisions over the years that eased access for patients. Florida and Texas had agreed to the FDA’s request for a stay.

If a judge were to rule in favor of Florida and Texas, the medication would become unavailable in all states, regardless of abortion laws.

In the same ruling, U.S. Chief District Judge Reed O’Connor, an appointee of former President George W. Bush, denied a motion to dismiss the case from distributor Danco Laboratories and GenBioPro, one of the drug’s main manufacturers. The company’s attorneys intervened as defendants in April. O’Connor’s ruling will delay any action in the case until after the midterm elections.