In a quiet courtroom pivot that sidesteps campaign trail posturing, Donald Trump’s administration is now defending a cornerstone of the Biden-era reproductive rights policy: easy access to the abortion pill mifepristone.
The U.S. Department of Justice filed a brief on Monday asking a Texas federal judge to dismiss a lawsuit brought by Missouri, Kansas, and Idaho—three Republican-led states determined to roll back FDA decisions that made mifepristone easier to get. The states argue the pill was greenlit for broader access without enough scrutiny, especially when it comes to prescriptions via telehealth and mail delivery.
But despite Trump’s mixed signals on the campaign trail—he’s said he doesn’t plan to ban the drug and even asked for more research into its safety—his DOJ isn’t backing down from the fight Biden’s administration started.
This legal brawl dates back to when anti-abortion groups tried and failed to convince the U.S. Supreme Court to restrict the pill. The justices tossed the case, saying the challengers had no legal right to sue. The original plaintiffs bowed out, but U.S. District Judge Matthew Kacsmaryk—appointed by Trump—let the three states step in to keep the case alive.
The federal government’s response? You can’t sue if you’re not actually harmed. The DOJ insists these states are trying to create legal injury where there is none. “Regardless of the merits of the States’ claims, the States cannot proceed in this Court,” the brief stated plainly.
The states are fighting to unwind FDA rule changes from 2016 and 2021 that expanded access to mifepristone—allowing the pill to be used up to 10 weeks into pregnancy and delivered by mail without an in-person doctor’s visit. They claim their Medicaid programs will have to shoulder the cost of treating women who suffer complications.
Still, the Biden-initiated defense continues under Trump, suggesting that even amid the cultural chaos of election-year politics, some courtroom battles don’t shift as easily as stump speech slogans.
