For ads-free news, click here.
The Trump administration has requested the dismissal of a lawsuit filed by Idaho, Kansas, and Missouri, which seeks to limit telehealth access to the abortion medication mifepristone.
Continuing the legal approach of the previous administration, the Department of Justice (DOJ) argues that the states lack standing and that the case was filed in an improper venue. The lawsuit challenges FDA decisions from 2016 and 2021 that eased restrictions on mifepristone, including allowing its prescription via telemedicine and mail delivery. According to a Breitbart report, the DOJ contends that the states’ claims are procedurally barred due to the six-year statute of limitations expiration.
The case is being heard by U.S. District Judge Matthew Kacsmaryk in Texas, who previously ruled against mifepristone’s approval in a separate case. That decision was later overturned by the Supreme Court, which found the plaintiffs lacked legal standing. In the current lawsuit, the three states argue that the availability of mifepristone undermines their abortion laws. However, the DOJ maintains that the states cannot revive the earlier lawsuit to keep the case in Texas and suggests they file in a district with proper jurisdiction.
Mifepristone is used in over 60% of U.S. abortions and has been a focal point in ongoing debates following the Supreme Court’s 2022 decision overturning Roe v. Wade. The Republican-led states are challenging FDA actions that loosened restrictions on the drug, including extending its permissible use up to 10 weeks of pregnancy and allowing for mail delivery without an in-person clinician visit. The DOJ’s filing does not address the merits of the states’ case but emphasizes procedural objections.
President Trump has previously stated that he does not plan to ban or restrict access to mifepristone and has ordered a study into its safety. Health and Human Services Secretary Robert F. Kennedy Jr. has indicated that the administration is reviewing the safety of abortion pills but has not made a decision on whether to tighten restrictions. Despite the administration’s current legal stance, reproductive rights advocates remain cautious, noting that the position could change.
The outcome of this case could have significant implications for access to abortion medication across the United States. Legal experts view the administration’s defense of the FDA’s regulations as a potentially optimistic sign for those supporting abortion rights.
The Dennis Michael Lynch Podcast archive is available below. Never miss an episode. Subscribe to the show by downloading The DML News App or go to Apple Podcasts.
