Context:

The Trump administration has requested the dismissal of a lawsuit aimed at limiting access to the abortion pill mifepristone, aligning with a stance previously taken by the Biden administration. This move is unexpected given President Trump's historical opposition to abortion rights, often citing his role in appointing Supreme Court justices who overturned Roe v. Wade. The lawsuit, filed by conservative attorneys general from Missouri, Idaho, and Kansas, challenges FDA regulations that have expanded mifepristone access and argues for a reversal of these measures. The Trump administration's strategy appears to be politically cautious, possibly delaying decisive action on mifepristone until after the 2026 midterms. If successful, the lawsuit could significantly impact abortion pill access, which currently accounts for the majority of pregnancy terminations in the U.S., by reinstating in-person dispensing requirements and imposing new restrictions on mifepristone distribution.

Dive Deeper:

• The Trump administration has filed a request to dismiss a lawsuit seeking to restrict the abortion pill mifepristone, echoing a similar move by the Biden administration, despite Trump's past opposition to abortion rights and his appointments to the Supreme Court that helped overturn Roe v. Wade.

• The lawsuit, initiated by attorneys general from Missouri, Idaho, and Kansas, challenges FDA regulatory changes over the past decade that have increased access to mifepristone, including measures that allow telemedicine and mail-order prescriptions, which the plaintiffs argue violate state laws and the Comstock Act.

• The Trump administration's decision not to address the merits of the case directly may indicate a political strategy to delay taking a definitive stance on mifepristone, reflecting a shift in Trump's approach to abortion issues amidst changing political dynamics following the 2024 elections.

• The lawsuit's potential success could drastically reduce access to abortion pills by reinstating in-person requirements for obtaining mifepristone, limiting prescriptions by non-doctor health providers, and imposing age restrictions, thereby impacting states with restrictive abortion laws.

• Mary Ziegler, a law professor, suggests that the filing allows the Trump administration to buy time and avoid committing to a position on mifepristone, possibly maintaining political flexibility until the 2026 midterm elections.

• The case, which was dismissed by the Supreme Court in June due to lack of standing, has been revived by the attorneys general in a Texas court, where Judge Kacsmaryk, known for his anti-abortion stance, will decide whether it proceeds.

• Mifepristone, a key component of medication abortion, was approved 25 years ago and, combined with misoprostol, is used in two-thirds of U.S. abortions. The outcome of this legal challenge could reshape the landscape of abortion access in the country.