On Monday, the Trump administration took steps to distance itself from legal challenges surrounding the abortion drug Mifepristone, which had been initiated during Joe Biden’s presidency. The U.S. Department of Justice filed a motion in a federal court in Texas, urging judges to dismiss three lawsuits led by Republican states based on procedural grounds.
This filing didn’t delve into the specifics of the cases but hinted that the administration is eager to withdraw the government’s defense of Mifepristone, a drug used in over 60% of abortions in the U.S.
States like Missouri, Kansas, and Idaho have claimed that the U.S. Food and Drug Administration acted improperly when it eased restrictions on Mifepristone, allowing for prescriptions via telemedicine and mail.
Neither the Department of Justice nor Missouri Attorney General Andrew Bailey responded quickly to media inquiries.
During his campaign last year, Trump stated he had no intentions of banning or limiting access to Mifepristone. Health and Human Services Secretary Robert F. Kennedy Jr. mentioned in February that Trump had called for investigations into the safety of abortion medications, but no decisions were made on tightening existing regulations.
Last year, the U.S. Supreme Court dismissed attempts by anti-abortion groups and healthcare providers to impose limitations on drug access, indicating a lack of legal standing to challenge the FDA’s rulings. After the Court’s ruling, the plaintiffs abandoned the case, yet Judge Matthew Kakusmalik, appointed by Trump, allowed the state to continue pursuing it.
Before Trump took office in January, the Department of Justice moved to dismiss those claims. In their recent filing, government lawyers reiterated that Texas isn’t the appropriate venue for this litigation, stressing that the state has no grounds for complaint regarding the challenged regulations.
They stated, “The state cannot proceed in this court regardless of the merits of the state’s claim.”
Currently, three states are contesting the FDA’s 2016 and 2021 decisions to relax drug regulations, which would extend the use of the drug for abortions from seven to potentially ten weeks of pregnancy and allow mail prescriptions without in-person consultations. Initially, the plaintiffs sought to revoke Mifepristone’s FDA approval, although a lower court had already dismissed that claim.
Republican-led states argue their lawsuit is necessary as their Medicaid programs may incur costs from treating patients who experience complications from Mifepristone. They also contend that, after two years of litigation, they should be permitted to remain in Texas without the original plaintiff, as moving the case to another court would be inefficient.
