Trump administration asks court to dismiss abortion drug suit

In a somewhat surprising move, the Trump administration asked a federal court this week to dismiss a case that could seriously restrict access to abortion nationally.

The lawsuit from Idaho, Kansas and Missouri argues that FDA should roll back access to mifepristone, one of the pills used for medication abortion and for managing miscarriages. It’s a case the Supreme Court declined to weigh in on last year, finding the plaintiffs lacked the right to sue. The three states later moved to revive the case, arguing they have legal standing because access to the drug undermines their abortion laws. On Monday, the Justice Department continued with the approach taken by the Biden administration, asking a federal judge to dismiss the case.

Katie Keith, the director of the Georgetown Center for Health Policy and the Law and a former member of President Biden’s Gender Policy Council, says if the Trump administration wants to restrict access, they have other tools at their disposal. What remains to be seen is whether, politically, they want to make use of those tools.

"I would say the jury is still out essentially of how aggressive the Trump administration is going to be on medication abortion."