The U.S. Department of Justice filed a motion on Friday to halt or dismiss a lawsuit by Missouri and other Republican-led states challenging the FDA's policy allowing mifepristone to be shipped through the mail. The filing argues that proceeding with the case would interfere with an ongoing FDA safety review of the drug initiated by the Trump administration. Pro-life advocates have criticized the move, urging stricter regulations on medication abortion.
The lawsuit, Missouri v. FDA, was brought by Missouri, Kansas, and Idaho to block a COVID-era policy that relaxed regulations for dispensing mifepristone, enabling online prescriptions and mail delivery without in-person doctor visits. The Justice Department contends that the states lack sufficient standing to sue, as they can still enforce their pro-life laws against out-of-state prescribers. In its filing, the DOJ stated, “Missouri, Kansas, and Idaho are not the only plaintiffs to have challenged the current conditions of use for mifepristone. Given this widespread debate over the safety of mifepristone, FDA has concluded that the best path forward is for the agency to undertake its review based on all the evidence before the agency.”
The department requested that the court stay the lawsuit or dismiss it while the FDA completes its review of the Risk Evaluation and Mitigation Strategy (REMS) for mifepristone. This review was initiated last year by FDA Administrator Marty Makary and Health and Human Services Director Robert F. Kennedy Jr., though it has not yet been released. A DOJ spokesman explained, “In this filing, the Department of Justice requested more time from the court for the FDA to complete its review of mifepristone REMS. As the Supreme Court recognized in a unanimous ruling less than two years ago, it is the role of the FDA – not the federal courts – to evaluate drug safety data and impose appropriate precautions.”
The policy, implemented early in the Biden administration citing COVID-19, has led to increased medication abortions in states with bans, such as Texas, where data indicate tens of thousands of such procedures occur annually via shipped pills. Texas Attorney General Ken Paxton has sought penalties against providers, but states like New York have refused cooperation due to shield laws. The filing echoes a January motion opposing a similar request from Louisiana.
Susan B. Anthony Pro-Life America President Marjorie Dannenfelser condemned the DOJ action, stating, “The pro-life movement has very simple demands. There should be no place on the market for drugs meant to poison and kill innocent human beings – but at the very least, this administration can and should take them out of the mail. This is no more or less than the policy of the first Trump administration.” The DOJ affirmed its commitment to President Trump’s pro-life agenda, including protections for advocates and pregnancy centers. Reports highlight risks, including a case in Texas where a father allegedly forced mifepristone on his partner, resulting in the stillbirth of a baby named Presley Mae.
