Why did the Trump Justice Department ask to dismiss an abortion pill lawsuit?

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(Daily Citizen) Pro-lifers were taken aback on Monday with news the Justice Department has asked to dismiss a lawsuit restricting access to the abortion pill over health and safety concerns.

The lawsuit in question, which was originally filed in 2022 by pro-life doctors, was rejected by the Supreme Court back in June of 2024 for lack of standing. A revised suit was initiated later in the year by three state attorneys in Missouri, Idaho and Kansas.

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In the lawsuit, attorneys are requesting a myriad of changes that have led to the explosive and reckless growth of mifepristone – an expansion that exponentially increases the health risk to women in addition to the certain death of their preborn children.

For example, current rules don’t require women to see a doctor in person, and even nurse practitioners and other healthcare workers can prescribe the toxic, deadly drug. This lethal pharmaceutical cocktail is being sent through the mail and, in many cases, available at your neighborhood drugstore where you buy eye drops and greeting cards.

The New York Times reports:

The Trump administration’s request makes no mention of the merits of the case, which have not yet been considered by the courts. Rather, echoing the argument that the Biden administration made shortly before Mr. Trump took office, the court filing asserts that the case does not meet the legal standard to be heard in the federal district court in which it was filed.

The Times goes on to quote Mary Ziegler, a law professor at the University of California Davis, as suggesting the Trump administration may not be signaling its objection to the merits of the lawsuit but rather strategizing their next move regarding its opposition to the drug.

“I think the best way to read it is that they’re just buying time to figure out what to do about mifepristone,” she said. Professor Ziegler noted the request to dismiss the suit “avoids saying anything on the substance at all.”

On Monday, Senator Steve Daines of Montana noted the study released last week detailing the health dangers of mifepristone.

“The science is clear: The abortion pill is not safe for women, and it never has been,” he said in a statement. “This recent study is proof that pro-abortion advocates care more about promoting their radical agenda than they do about women’s health.”

But just because the Trump Justice Department requests the lawsuit be dismissed doesn’t necessarily mean the federal judge assigned to the case will oblige.

Judge Matthew Joseph Kacsmaryk, who is overseeing the suit and who serves as a United States district judge in the United States District Court for the Northern District of Texas, was nominated by President Donald Trump in 2017.

Back in 2023, the New York Times and other liberal activists pointed out that Judge Kacsmaryk didn’t use the language of the left in his original ruling on the case:

Throughout the opinion, Judge Kacsmaryk uses the language of the anti-abortion movement instead of conventional medical terms. The ruling calls medication abortion “chemical abortion,” refers to abortion providers as “abortionists” and describes a fetus or embryo as an “unborn human” or “unborn child.” By contrast, a conflicting ruling by a judge in Washington State that barred the F.D.A. from limiting the availability of mifepristone used terminology like “the termination of an early pregnancy,” “fetal loss” and “patients and providers.”

While jarring that the current Justice Department is asking for a lawsuit against the abortion pill be dismissed, time will soon reveal where the administration lands on the larger issue at hand. If previous action is indicative of future behavior, pro-lifers should be able to trust that the current administration will act in a way consistent with efforts to protect preborn life.

The proliferation of the abortion pill poses a monumental threat to not only the children it’s designed to kill, but to the mothers who are ingesting it. Please join us in praying for wisdom and boldness of action in addressing the use and abuse of this dangerous abortifacient.

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Editor's note: This article was published by the Daily Citizen and is reprinted with permission. 

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