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The Trump administration on Monday asked a federal judge in Texas to dismiss a lawsuit from three Republican-led states seeking to roll back telehealth access to the abortion pill mifepristone, arguing that the states lack legal standing to bring the case.
Justice Department attorneys did not address the broader implications of abortion pill access but instead challenged the lawsuit from Idaho, Kansas, and Missouri on procedural grounds.
“The states are free to pursue their claims in a district where venue is proper,” Justice Department lawyer Daniel Schwei wrote in a court filing. “But the states’ claims before this court must be dismissed or transferred pursuant to the venue statute’s mandatory command.”
The states filed the lawsuit in an attempt to force the Food and Drug Administration (FDA) to reinstate stricter regulations on mifepristone, including requiring three in-person doctor visits and banning prescriptions via telehealth. The drug is one of two used in the most common method of abortion in the United States.
The case is being considered by U.S. District Judge Matthew Kacsmaryk, a Trump appointee known for his prior ruling to suspend FDA approval of mifepristone — a decision later reversed by the Supreme Court, which found the original plaintiffs lacked standing. The states now argue that they are directly harmed by the FDA’s policies because they conflict with their abortion bans.
But Schwei said the states cannot “piggyback” on the prior lawsuit and lack a legitimate basis for keeping the case in Texas. He also noted the states are challenging FDA actions from 2016, making the lawsuit fall outside the six-year statute of limitations.
Mifepristone, when combined with a second drug, has accounted for over 60% of abortions in the U.S. since the Supreme Court overturned Roe v. Wade in 2022. Access to medication abortion has since become a key battleground in reproductive rights.
In Idaho, abortion is banned at all stages. Missouri clinics recently resumed services after voters approved a constitutional amendment for reproductive rights, while abortion remains legal in Kansas up to 22 weeks, though state lawmakers have imposed restrictions.
Despite being the central figure in reshaping the judiciary that ended Roe, former President Donald Trump has taken a more cautious tone during the 2024 campaign, telling Time magazine in December he wouldn’t restrict access to abortion pills and prefers the issue to be decided by states.
Health Secretary Robert F. Kennedy Jr. — whose past remarks on abortion have drawn criticism from both sides — has not taken a firm position on the current lawsuit. During his January confirmation hearings, he repeatedly stated, “I have always believed abortion is a tragedy,” without committing to specific policy views.
The outcome of the states’ case could influence access to medication abortion nationwide. If dismissed, it would mark another legal setback for anti-abortion efforts targeting mifepristone through federal courts.
