DOJ Opposes GOP States’ Challenge to Mifepristone Prescribing Guidelines
Washington, D.C. — In a recent legal filing, the Department of Justice (DOJ) has pushed back against efforts from Idaho, Kansas, and Missouri to challenge federal prescribing guidelines for mifepristone, a key drug used in medication abortions. The DOJ’s stance reinforces the Biden administration’s support for the FDA’s decision to expand access to the medication in 2016, following a similar commitment from the Trump administration.
The three states are seeking to intervene in a case surrounding the 2016 guidelines, arguing that the FDA overstepped its authority in updating regulations. Their objective is to revert mifepristone use to prior limitations, which included capping medication abortion at seven weeks of gestation and requiring three in-person doctor visits, a move that would effectively eliminate telehealth and mail access for patients.
In a 15-page brief filed with the U.S. District Court for the Northern District of Texas, the DOJ stated that the states have neither the standing nor the proper venue to continue the lawsuit. The DOJ pointed out that the original plaintiffs lacked standing, and their claims should be dismissed or moved to a more appropriate jurisdiction. Moreover, it emphasized that the states’ challenge is barred by a six-year statute of limitations, as they sought intervention long after the FDA finalized its actions.
The case initially emerged in November 2022 when anti-abortion organizations filed a lawsuit contesting the mifepristone approval from 2000. Although the U.S. Supreme Court ruled in June 2024 that these organizations lacked standing, state officials are still attempting to advance their claims.
The situation remains under the purview of Judge Matthew Kacsmaryk, who previously overturned the original 2000 approval of mifepristone. However, that ruling has yet to take effect as appeals continue.
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