Justice Department seeks to dismiss lawsuit challenging Biden-era abortion pill rules

CNA Staff, May 6, 2025 / 18:11 pm (CNA).

The U.S. Department of Justice on Monday urged a federal judge in Texas to dismiss an ongoing lawsuit against the Food and Drug Administration (FDA) over its removal of safety restrictions on abortion drugs.  

In its filing on Monday, the Department of Justice (DOJ) argued in federal court that Idaho, Kansas, and Missouri did not have standing to sue, following the Biden administration’s legal course. 

The three Republican-led states sued the FDA last year, maintaining that the loosening restrictions on the drug mifepristone have led to abortion pills flooding their states, endangering women and undermining pro-life laws. 

The FDA should prohibit telehealth prescriptions for mifepristone, require in-office visits, and restrict the gestational age at which chemical abortions can occur, the states argued, saying that “women should have the in-person care of a doctor when taking high-risk drugs.” 

The three states picked up the lawsuit after the U.S. Supreme Court unanimously dismissed it in June 2023, saying that the group of pro-life doctors and organizations that filed the original case lacked standing as they could not show they had been harmed by the abortion drug’s widespread availability. 

In 2021, the FDA lifted restrictions on mifepristone, authorizing doctors to prescribe the drugs online and mail the pills, allowing women to perform early abortions — up to 10 weeks of gestation — without leaving their homes. 

Department of Justice attorneys asked the federal judge in Texas to throw out the lawsuit. 

“Regardless of the merits of the states’ claims, the states cannot proceed in this court,” read the May 5 memorandum issued by the DOJ. 

A pro-life group is urging the Trump administration to reinstate medical safeguards around abortion pills.

Marjorie Dannenfelser, president of SBA Pro-Life America, told CNA that the motion “is about who has the right to sue, not whether abortion drugs are safe.” 

During the recent presidential campaign, pro-life advocates criticized Trump for his position that abortion law should be left for the states to decide. In 2024, Trump committed to not restricting abortion pill access and said that abortion is no longer a federal issue.

Dannenfelser urged the Trump administration “to reinstate basic measures that require real medical oversight” in regard to the abortion pill. 

“Women and girls deserve better than high-risk drugs with no in-person doctor, no follow up, and no accountability,” Dannenfelser said. “This isn’t health care, it’s harm.”

A recent study found that more than 1 in 10 women who take the abortion pill mifepristone to complete a chemical abortion will suffer a serious health complication during the process.

Dannenfelser called abortion drugs “dangerous.”

“A growing body of evidence shows the serious harm these drugs pose to women as well as their babies,” Dannenfelser continued. 

“At a minimum, the Trump administration should reverse the Biden FDA’s reckless nationwide mail-order abortion drug policy,” Dannenfelser said.

Source: https://www.catholicnewsagency.com/news/263909/trumps-doj-seeks-to-dismiss-lawsuit-challenging-biden-era-abortion-pill-rules