Senator Josh Hawley (R-MO) recently reached out to Attorney General Pam Bondi, requesting that the Department of Justice (DOJ) reconsider its stance in a lawsuit from three states challenging the FDA’s deregulation of abortion medication.
Hawley wrote this letter after the DOJ filed a motion on Monday related to the states of Missouri, Idaho, and Kansas that sought to dismiss the case. The Trump-era DOJ didn’t delve into the specifics of the situation, but its attorneys argued that the states lacked the standing to bring the lawsuit in Texas, suggesting it would either be dismissed or transferred elsewhere.
“The state cannot proceed in this court regardless of the merits of the state’s claim,” the DOJ stated in its submission.
“The state is free to pursue their claims in the district where the venue is appropriate, but any state claim before this court must be dismissed or transferred in accordance with the mandatory order of the venue law.”
In his correspondence, Hawley noted, “The basis for the dismissal required is essentially almost procedural.” He highlighted that the Justice Department aligns with the Biden administration, particularly in light of recent findings on the adverse effects of chemical abortions on women. He suggested a reevaluation of their position.
“Missouri, together with Idaho and Kansas, is working to reinstate protective measures for Mifepristone, a medication for abortion that the Biden administration has sidelined,” the senator mentioned. “The state argues for its responsibility to shield its citizens from the negative health implications of these drugs, as underscored by a recent significant study on Mifepristone.”
Hawley referenced a study released last week which indicated that 10.93% of women who used Mifepristone experienced severe complications, such as sepsis, infections, or bleeding, within 45 days post-abortion.
Read more: Exclusive – Shocking data suggest that abortion drug complications are 22 times higher than previously reported: “The FDA needs to revive stronger safety measures.”
Hawley suggested in his letter:
The study found that over one in ten women using mifepristone faced severe issues, with rates significantly higher than those stated on the FDA-approved drug label. Despite these serious risks, the Biden administration has authorized Mifepristone to be sent by mail without medical oversight. The lawsuit from Missouri seeks to overturn that policy and ensure women’s safety.
“The Biden administration’s mail-order abortion policy poses a serious threat to women’s health and safety. It’s essential that the Justice Department reevaluates its defense of this policy in court.”
Thank you for your attention to this issue.
Date of the original lawsuit goes back a while. In November 2022, a pro-life physician contested the FDA’s rollback of safety regulations for Mifepristone, but the Supreme Court dismissed the case in June 2024 due to the physician’s lack of standing.
This ruling opened the door for states to file suit, and Missouri, Idaho, and Kansas took the opportunity to pursue legal action against the pill.
The lawsuit extends to changes in gestational age regulations and updates made in 2021 following the FDA’s 2016 decision, allowing medications like Mifepristone to be sent by mail.
Mifepristone, commonly known by its brand name Mifeprex, works by blocking progesterone, which is necessary for pregnancy sustenance; its action leads to the breakdown of the uterine lining, causing the death of the developing fetus. A subsequent drug, misoprostol, induces contractions to expel the fetus.
In 2023, medical abortions accounted for 63% of all abortions within the official U.S. healthcare system, according to the Guttmacher Institute—a significant increase from 53% in 2020 and 39% in 2017. This data does not cover abortions obtained through underground channels, which includes pills sent to women in states with stricter abortion laws.
The case is titled Missouri vs. FDA, No. 2:22-CV-223, in the U.S. District Court for the Northern District of Texas.
