In a move concerning to pro-life leaders, the Trump administration has asked a federal judge in Texas to dismiss a lawsuit brought by three Republican-led states seeking to limit online access to the abortion medication mifepristone—a legal position that continues the argument previously made by the Biden administration in defense of the drug.
In a court filing submitted by the Department of Justice, attorneys argued that the case should be thrown out on procedural grounds, not because the abortion pill cannot be challenged, but because this specific lawsuit is legally flawed.
The DOJ contends that the states bringing the suit—Idaho, Missouri and Kansas—do not have legal standing and that the Northern District of Texas is not the proper venue for the case.
“Aside from this litigation, the States do not dispute that their claims have no connection to the Northern District of Texas,” the filing states.
The DOJ also argued that the states’ challenge to the FDA’s 2016 decision to expand access to mifepristone is outside the six-year statute of limitations.
The lawsuit challenges FDA decisions from 2016 and 2021 that allowed mifepristone to be prescribed via telehealth, shipped by mail, and used up to 10 weeks into pregnancy instead of seven. These updates significantly expanded access to the drug, which is used in combination with misoprostol for medication abortions.
The case is currently before U.S. District Judge Matthew Kacsmaryk, who previously ruled to suspend FDA approval of mifepristone—a decision the U.S. Supreme Court later overturned. Last year, the Supreme Court also dismissed a separate lawsuit brought by anti-abortion medical groups, citing a lack of standing.
While the Trump administration took numerous steps during its first term to restrict abortion access—including appointing justices who helped overturn Roe v. Wade—it has not introduced new policies targeting mifepristone in its current term. In December, Trump said he believed abortion laws should be decided by states.
Online access to the drug is a major reason why the number abortions has increased nationally since Roe v Wade was overturned in 2022.
Some pro-life groups have expressed concern about the administration’s legal approach.
“This motion is about who has the right to sue, not whether abortion drugs are safe,” said a representative for Susan B. Anthony Pro-Life America. “Real-world data proves common sense: these drugs are dangerous. A growing body of evidence shows the serious harm these drugs pose to women as well as their babies.
“At a minimum, the Trump administration should reverse the Biden FDA’s reckless nationwide mail-order abortion drug policy,” they continued. “We urge the Trump administration to reinstate basic measures that require real medical oversight. Women and girls deserve better than high-rise drugs with no in-person doctor, no follow-up and no accountability. This isn’t health care, it’s harm.”
DeVos Center for Life, Religion, and Family’s Melanie Israel said, “Policymakers at the state and federal level should work to protect women, girls, and unborn children from abortion drugs.”
The court has not yet issued a decision on the motion to dismiss.
