WASHINGTON — The latest legal confrontation surrounding access to abortion medication has led the Trump administration to urge a judge to dismiss a lawsuit brought by three Republican-led states. These states, pushing to restrict the availability of mifepristone, argue that telehealth prescriptions for the medication should be cut off.
Even though Justice Department attorneys, maintaining consistency with the Biden administration’s previous stance, haven’t directly addressed the primary issue of drug access, they have challenged the legitimacy of the states’ right to sue, labeling it as lacking “standing” in the legal sense. “The states can pursue their claims in an appropriate district, but their current claims must either be dismissed or relocated as per the venue statute,” the federal attorneys stated.
The legal battle was initiated by Idaho, Kansas, and Missouri, who contend that the FDA should scale back the availability of mifepristone. This challenge comes on the heels of a Supreme Court decision that safeguarded access to the drug last year. The states demand that the FDA prohibit mifepristone prescriptions via telehealth, insist on three in-office consultations, and limit its use during pregnancy to a specific stage.
Presiding over the case is U.S. District Judge Matthew Kacsmaryk of Texas, a Trump appointee known for previously ruling against mifepristone approval. His decision in an earlier case filed by anti-abortion groups was modified by an appeals court before being overturned by the Supreme Court due to the plaintiffs’ lack of legal right or “standing” to sue.
In response, the three states aim to resurrect the case, asserting their right to challenge the drug’s availability as it undercuts their existing abortion regulations. However, the Department of Justice has countered, suggesting the states are inappropriately relying on the previous litigation to maintain jurisdiction in Texas. Daniel Schwei, a federal attorney, indicated that nothing prevents the states from bringing forth the lawsuit elsewhere, provided the chosen location is pertinent to the claims.
Furthermore, Schwei remarked on the challenge’s timing, pointing out that the states are contesting FDA actions from 2016, which exceeds the allowed six-year period for initiating a lawsuit. Each state has unique abortion laws, with Idaho imposing a complete ban. Missouri also had a stringent ban, though recent developments have allowed clinics to resume services following a voter-approved constitutional amendment securing reproductive rights. Kansas permits abortions up to 22 weeks, despite voters previously rejecting an anti-abortion measure in 2022, and the state imposes age-related restrictions.
In public statements, Trump has opted not to restrict access to abortion medication, positioning abortion as a state issue. During his previous campaign, he highlighted appointing justices to the Supreme Court, which played a significant role in abolishing the national abortion right in 2022.
Health Secretary Robert F. Kennedy Jr. has presented fluctuating viewpoints on abortion, drawing critique from both supporters and opponents of abortion rights. During his initial confirmation hearing in January, he emphasized that he perceives abortion as a “tragedy” when queried about his stance.
Mifepristone, typically used with another drug for medication abortions, accounts for over 60% of abortions in the United States since the landmark Supreme Court decision overturning Roe v. Wade.