Trump Administration Seeks Dismissal of Mifepristone Lawsuit
The Trump administration has requested that a federal court dismiss a lawsuit concerning the abortion drug Mifepristone, a surprising move given the president’s history of restricting abortion rights in the U.S. It might look like a step forward for abortion access at first glance, but some experts express concerns that this approach could allow the administration to remain vague about its future intentions regarding abortion rights.
Upon Trump’s return to the presidency earlier this year, many abortion activists hoped he might implement strong measures against abortions, potentially using 19th-century laws to enforce a nationwide ban or limit access to Mifepristone through the FDA. However, the administration has seemed to avoid engagement on the issue in recent months. The latest request to a Texas judge, known for opposing abortion, continues this trend.
This lawsuit aims to reverse a regulatory change by the FDA that increased access to Mifepristone, one of the two drugs typically used for medical abortions in the U.S. The case had previously been defeated 9-0 against anti-abortion advocates, but now Republican attorneys general from states like Idaho, Kansas, and Missouri want to step in as new plaintiffs. A Texas district court has agreed to allow this move to proceed.
In its filing, the Trump administration argued there isn’t a valid reason for the lawsuit to continue in Texas, stating that the original plaintiffs no longer have standing.
Abortion rights advocates have noted the strategic choice of Texas for this case, citing Judge Kacsmaryk, who has a history of anti-abortion rulings and previously took steps to potentially reverse the FDA’s long-standing approval of Mifepristone.
Nicole Huberfeld, a health law professor, remarked on the irony of the Trump administration seemingly looking to manipulate judicial outcomes in its favor. It’s interesting to consider whether Trump, who wasn’t deeply aligned with the anti-abortion agenda initially, has inadvertently complicated matters for himself. While the movement has supported him since 2016, it has become something of a burden in 2024.
Huberfeld also pointed out what the administration didn’t say in its filing. It appears to distance itself from revealing any actual plans concerning Mifepristone, hinting that they may have intentions to alter access to it via the FDA. She suspects this legal argument could be leveraged against future lawsuits from Democratic states regarding tightened restrictions on Mifepristone.
The FDA Commissioner could potentially reverse regulations enabling abortion drugs to be distributed through telehealth, a method responsible for a significant portion of abortions in the U.S., or even rescind Mifepristone’s approval entirely. The Heritage Foundation has pushed for the FDA to consider these steps.
Last month, McCurry mentioned at a summit that he had no plans to remove Mifepristone but noted that ongoing data might lead to future actions regarding it.
Research over the years has shown that Mifepristone is generally safe and effective. Yet, anti-abortion organizations often cite studies suggesting otherwise, even if some of these studies have since been retracted.
Ultimately, it seems the Trump administration is trying to maintain a careful balance that appears to threaten Mifepristone’s availability while possibly hinting at regulatory restrictions through the FDA instead of an outright ban.
