Trump Administration Seeks Court Dismissal of Abortion Drug Lawsuits

On Monday, the Trump administration requested a federal judge to dismiss a lawsuit aimed at severely restricting access to the abortion pill Mifepristone. This aligns with the stance taken by the Biden administration in scrutinized cases that significantly affect abortion access.

Court filing This request by the Justice Department is unexpected, given President Trump’s and many officials’ strong opposition to abortion rights. Trump frequently claims that he appointed three Supreme Court justices in 2022 who voted to overturn national abortion rights, and his administration has actively sought to reduce programs supporting reproductive health.

This court filing marks the first instance where the Trump administration has engaged in litigation, significantly expanding access to Mifepristone as it aims to reverse various regulatory changes implemented by the Food and Drug Administration since 2016.

The request from the Trump administration does not delve into the substantial issues of the litigation that are yet to be adjudicated. Instead, it contends that the filings do not satisfy the legal criteria for consideration in the federal district court where the case was initiated, echoing the argument made by the Biden administration prior to Trump’s inauguration.

The plaintiffs in this lawsuit include the Conservative Attorney Generals from Missouri, Idaho, and Kansas, with the suit filed in the U.S. District Court in Texas.

“The state has not objected to the lack of connection between their claims and the Northern District of Texas,” a Justice Department attorney stated in the filing.

“The state cannot pursue this case in this court, regardless of the merits of the claims,” they concluded, emphasizing that the complaint “should be dismissed or relocated due to a lack of proper venue.”

The lawsuit also seeks to impose new FDA restrictions on Mifepristone, including prohibiting its use by individuals under 18. The goal is to address the rapid increase in the prescription of abortion medications through telehealth and the distribution of pills via mail to patients.

Originally filed in 2022 by a coalition of anti-abortion physicians and organizations, the lawsuit advanced to the Supreme Court. However, in a unanimous ruling last June, the judge dismissed the case, stating the plaintiffs failed to demonstrate harm related to the FDA’s decision on Mifepristone.

Months later, three attorneys revived the case by submitting an amended complaint as plaintiffs in the same U.S. District Court in Texas. The presiding judge, U.S. District Court Judge J. Kakusmalik, a Trump appointee opposed to abortion access, harshly criticized the FDA and adopted terminology reminiscent of anti-abortion activists in his ruling during the initial phase of the case.

In the United States, abortion drugs are prescribed up to 12 weeks of pregnancy and currently account for nearly two-thirds of abortions. Women in states with abortion bans are increasingly seeking abortion medications from telehealth providers.

Currently, Roe v. Wade is in effect across 19 states, which have stricter regulations than the standard established by Wade. State support for abortion rights has expanded telehealth options for abortion, and many states have enacted Shield Acts to protect healthcare providers who prescribe and send abortion medications to patients in states with prohibitions or restrictions.