The Trump administration has asked a federal judge in Texas to dismiss a lawsuit brought by Missouri, Idaho and Kansas that aims to restrict access to the abortion medication mifepristone. The Department of Justice argues that the states lack standing and filed their claims in an improper venue.
Government attorneys said the case should not continue in the Northern District of Texas, as the three states have no direct connection to that jurisdiction.
What are the states challenging in this case?
Missouri, Idaho and Kansas are contesting decisions made by the Food and Drug Administration (FDA) that expanded access to mifepristone. According to court filings, the states are challenging regulatory changes from 2016 and 2021 that let providers prescribe the drug through telehealth, send it by mail and allow its use up to 10 weeks into pregnancy. The states argue these policies conflict with their abortion restrictions and increase the burden on state-funded healthcare systems.
How did the case reach this point?
The current legal dispute originated from a 2022 lawsuit filed by anti-abortion doctors and advocacy groups. After the U.S. Supreme Court ruled in 2024 that the original plaintiffs lacked standing, those groups withdrew from the case.
After the Supreme Court ruled that the original plaintiffs lacked standing and dismissed their claims, U.S. District Judge Matthew Kacsmaryk allowed Missouri, Idaho and Kansas to intervene. The Biden administration requested dismissal in late 2024, arguing the states lacked standing and filed in the wrong venue — a position the Trump administration has now reaffirmed in court.
In its filing, the Justice Department contends that the states’ involvement does not satisfy federal court requirements for standing or venue. Attorneys said the states should file their claims in their districts because neither the states nor the challenged policies have any direct connection to Texas. Justice Department attorneys argue the case falls outside the statute of limitations, as the FDA’s actions began more than six years ago.
What are the states’ reasons for pursuing the lawsuit?
The three states maintain that relaxed FDA rules have led to widespread distribution of mifepristone across state lines, potentially undermining their abortion laws. They also argue that moving the case to a different court after years of litigation would be inefficient, despite the lack of a clear connection to the Texas court.
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The FDA approved mifepristone for use up to 10 weeks of pregnancy and permits prescriptions through telehealth and mail delivery.
How has mifepristone access changed over time?
The FDA has expanded the ways and timing for using mifepristone since 2016. The changes included extending the approved use period from seven to ten weeks of pregnancy, allowing telemedicine consultations and removing in-person dispensing requirements. Patients commonly use the medication with misoprostol, and in 2023, pills accounted for over 60% of abortions in the U.S., according to the Guttmacher Institute.
What is the Trump administration’s broader position on mifepristone?
While defending the FDA’s current regulations in court, the Trump administration has not formally announced any new policy on mifepristone access. In early 2025, Health and Human Services Secretary Robert F. Kennedy Jr. told Fox News that Trump had requested a safety review of abortion pills but had not yet decided on future regulatory changes.
