WASHINGTON (AP) — The Trump administration has requested that a judge dismiss the lawsuits from three Republican-led states that aim to restrict access to telehealth and the abortion drug mifepristone.
On Monday, Justice Department attorneys followed a legal strategy set by the Biden administration but did not directly address the core issues regarding access to this common abortion method.
Instead, the government contended that the states lacked the legal standing to bring the lawsuit.
“The states are free to pursue their claims in the appropriate district, but any state claim in this court should be dismissed or transferred in line with the mandatory venue law,” a federal attorney stated.
Lawsuits from Idaho, Kansas, and Missouri assert that the Food and Drug Administration (FDA) should retract access to Mifepristone. These states filed a complaint following the Supreme Court’s reservation of access to Mifepristone last year. They aim to persuade the FDA to prohibit telehealth prescriptions for Mifepristone, mandate three in-person visits, and limit its use during pregnancy.
The case is currently being reviewed in Texas by U.S. District Judge Matthew Kacsmaryk.
Kacsmaryk’s initial ruling was involved in a lawsuit initiated by anti-abortion groups. It was subsequently narrowed by the Court of Appeals before being dismissed by the Supreme Court, which determined that the plaintiff did not have the legal right to sue.
Three states later sought to revive the case, claiming that their legal status was impacted by undermined abortion laws related to drug access.
However, Justice Department lawyers argued that states can’t merely build upon previous lawsuits to keep cases in Texas.
According to attorney Daniel Schwei, there is nothing preventing the states from pursuing lawsuits elsewhere, but the venue must bear some relevance to the claims made.
Moreover, Schwei noted that the states are contesting actions taken by the FDA when it relaxed restrictions on Mifepristone in 2016, which exceeds the six-year statute of limitations for such suits.
In Idaho, abortions are prohibited at all stages of pregnancy. Missouri has imposed strict bans, although clinics have recently resumed offering abortions following a new constitutional amendment on reproductive rights approved by voters. In Kansas, abortions are generally permitted up to 22 weeks, although age restrictions apply, and voters rejected anti-abortion measures in 2022.
In December, Trump told Time Magazine that he would not limit access to abortion medications. Throughout his campaign, Republicans emphasized that abortion should be a state issue, highlighting his appointment of justices to the Supreme Court, which held the majority during the 2022 decision that overturned national abortion rights.
Health Secretary Robert F. Kennedy Jr.’s stance on abortion has reportedly fluctuated, garnering criticism from both advocates for abortion rights and anti-abortion groups. During his initial confirmation hearing in January, he reiterated his belief, stating, “I have always believed that abortion is a tragedy.”
Mifepristone is typically used in conjunction with a second drug for medically induced abortions. Since the Supreme Court’s decision overturning Roe v. Wade, it has accounted for over three-fifths of all abortions in the United States.
Source: apnews.com