Trump requests dismissal of abortion med suit
A legal battle over telehealth access to the abortion medication mifepristone takes an unexpected turn as the Trump administration intervenes in a case brought by three Republican-led states.
According to Newsmax, the Justice Department filed a motion on Monday requesting Judge Matthew Kacsmaryk to dismiss a lawsuit from Idaho, Kansas, and Missouri that aims to restrict telehealth access to the abortion medication mifepristone.
The Justice Department's strategy mirrors the approach previously taken by the Biden administration, though it deliberately avoids addressing the broader issue of medication access.
Federal attorneys argue that the states lack proper legal standing to pursue the case, emphasizing procedural grounds rather than engaging with the contentious aspects of abortion access.
State challenges to mifepristone accessibility
The three Republican-led states seek substantial restrictions on mifepristone access, including a ban on telehealth prescriptions and mandatory in-person office visits.
Their lawsuit aims to revive previous challenges to FDA regulations that were struck down by the Supreme Court last year. These states contend that current medication access policies undermine their respective abortion laws.
Department of Justice attorney Daniel Schwei countered the states' arguments, pointing out that they cannot simply build upon the earlier lawsuit to maintain the case in Texas. The government's position emphasizes that while the states are free to file their lawsuit elsewhere, the venue must demonstrate a clear connection to their claims.
The timing of the states' challenge presents another obstacle, as they contest FDA actions from 2016 that initially relaxed mifepristone restrictions. This challenge comes well beyond the standard six-year limitation period for such legal actions.
Trump's stance on reproductive healthcare access
President Trump's position on abortion medication access has evolved since leaving office. During a December interview with Time magazine, he expressed opposition to restricting access to abortion medication.
His campaign messaging has consistently emphasized state-level decision-making on abortion issues while highlighting his role in appointing Supreme Court justices who ultimately overturned Roe v. Wade in 2022.
Health Secretary Robert F. Kennedy Jr. has come under scrutiny for what some see as inconsistent statements about abortion rights. However, during his confirmation process, he maintained a steady position on the issue.
At his confirmation hearing in January, Kennedy said he has always considered abortion to be a tragic outcome.
Current landscape of abortion access
The three states involved in the lawsuit represent varying approaches to abortion regulation. Idaho maintains a complete ban on abortion throughout pregnancy.
Missouri's strict ban recently faced changes after voters approved a constitutional amendment supporting reproductive rights. Kansas permits abortion up to 22 weeks, following voters' rejection of an anti-abortion measure in 2022.
Mifepristone's significance in reproductive healthcare continues to grow, as medication abortions now account for more than 60% of all abortion procedures in the United States since the Supreme Court's decision to overturn Roe v. Wade. This increasing reliance on medication abortion underscores the importance of maintaining access to these treatments.
Judge Matthew Kacsmaryk's involvement adds another layer of complexity to the case, given his previous ruling that attempted to halt mifepristone approval. That decision was subsequently modified by an appeals court before being overturned by the Supreme Court, which determined the original plaintiffs lacked proper standing to sue.
Current status and potential outcomes
The Trump administration's motion to dismiss the lawsuit from Idaho, Kansas, and Missouri challenges their attempt to restrict telehealth access to mifepristone. The Justice Department maintains that these states lack proper legal standing and filed their case in an inappropriate venue.
The government's response avoids addressing the underlying abortion access debate while focusing on procedural requirements and jurisdictional issues.




