Trump administration asks judge to toss suit restricting access to abortion medication
Context:
The Trump administration is requesting the dismissal of a lawsuit from Idaho, Kansas, and Missouri aimed at restricting telehealth access to the abortion drug mifepristone, arguing that the states lack legal standing. These states are challenging the FDA's 2016 decision that loosened restrictions on mifepristone, a key drug in medication abortions, asserting that it undermines their abortion laws. The case is being reviewed by a Texas judge, although the Department of Justice suggests the lawsuit could be filed elsewhere if the states can establish a proper connection. The lawsuit follows the Supreme Court's decision to preserve access to mifepristone amidst varying state laws on abortion after Roe v. Wade was overturned. The Trump administration aligns with the Biden administration's position on the technical grounds of venue and standing, without directly addressing the access to the drug itself.
Dive Deeper:
The Trump administration is seeking to dismiss a lawsuit from three Republican-led states pushing to limit telehealth access to mifepristone, arguing the states lack legal standing to sue.
Idaho, Kansas, and Missouri are contesting the FDA's decision from 2016 that eased restrictions on mifepristone, claiming the drug's availability contradicts their state-level abortion laws.
The lawsuit is currently under consideration by Judge Matthew Kacsmaryk in Texas, a judge who previously ruled against the approval of mifepristone in a case initiated by anti-abortion groups.
The Department of Justice points out that the states' lawsuit is outside the six-year statute of limitations for challenging the FDA's actions, indicating they could file the lawsuit in another jurisdiction related to their claims.
The lawsuit was filed after the Supreme Court maintained access to mifepristone, following its decision to overturn Roe v. Wade, leading to a patchwork of state abortion laws.
Missouri recently began offering abortions again after a constitutional amendment for reproductive rights was approved, while abortion remains banned in Idaho, and Kansas allows it up to 22 weeks with certain restrictions.
Former President Trump has stated that abortion issues should be managed at the state level and appointed Supreme Court justices who were part of the majority decision to overturn national abortion rights.