Trump continues Biden defense of abortion pill mifepristone
The Trump administration is seeking to have a federal judge in Texas dismiss a case that seeks to limit access to the abortion drug mifepristone. The Biden administration has also stated that Texas is not the appropriate jurisdiction for this lawsuit.
In a court filing by the Justice Department, the Trump administration argued that Idaho, Missouri, and Kansas have no connection to Texas, where the lawsuit was filed. They claim that these states lack standing in the case against the Food and Drug Administration (FDA) regarding the rules surrounding mifepristone, which can be obtained online and through the mail.
The three Republican-led states are challenging FDA regulations that were relaxed in 2016 and 2021, allowing for medication abortions up to 10 weeks of pregnancy instead of seven. They are also contesting the option for mail delivery of the drug without requiring an in-person visit with a clinician.
A previous attempt to overturn FDA approval of mifepristone was rejected by a lower court. The federal attorneys argue that the states are free to pursue their claims in a different jurisdiction where venue is appropriate. They also point out weaknesses in the states’ argument, such as their challenge to the FDA’s 2016 actions being outside the statute of limitations.
Last year, the Supreme Court dismissed a lawsuit brought by anti-abortion doctors and medical associations, ruling that the plaintiffs could not demonstrate personal harm from the government’s regulation of mifepristone. The Trump administration supported the dismissal, citing the statute of limitations for the states’ challenge to the FDA’s 2016 actions.
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