NATIONAL NEWS

Trump administration asks judge to toss suit restricting access to abortion medication

May 5, 2025, 3:44 PM

FILE - The Department of Justice seal is seen during a news conference Thursday, Dec. 5, 2024, in M...

FILE - The Department of Justice seal is seen during a news conference Thursday, Dec. 5, 2024, in Memphis, Tenn. (AP Photo/George Walker IV, File)
Credit: ASSOCIATED PRESS

(AP Photo/George Walker IV, File)

WASHINGTON (AP) — The Trump administration on Monday asked a judge to toss out a lawsuit from three GOP-led states seeking to cut off telehealth access to abortion medication mifepristone.

Justice Department attorneys stayed the legal course charted by Biden administration, though they didn’t directly weigh in on the underlying issue of access to the drug that’s part of the nation’s most common method of abortion.

Rather, the government argued the states don’t have the legal right, or standing, to sue.

“The states are free to pursue their claims in a district where venue is proper, but the states’ claims before this court must be dismissed or transferred pursuant to the venue statute’s mandatory command,” federal government attorneys wrote.

The lawsuit from Idaho, Kansas and Missouri argues that Food and Drug Administration should roll back access to mifepristone. They filed their complaint after the Supreme Court preserved access to mifepristone last year. They want the FDA to prohibit telehealth prescriptions for mifepristone, require three in-office visits and restrict the point in a pregnancy when it can be used.

The case is being considered by U.S. District Judge Matthew Kacsmaryk in Texas, a Trump nominee who once ruled in favor of halting approval for the drug.

Kacsmaryk’s original ruling came in a lawsuit filed by anti-abortion groups. It was narrowed by an appeals court before being tossed out by the Supreme Court, which found the plaintiffs lacked the legal right to sue.

The three states later moved to revive the case, arguing they did have legal standing because access to the drug undermined their abortion laws.

But the Department of Justice attorneys said the states can’t just piggyback on the earlier lawsuit as a way to keep the case in Texas.

Nothing is stopping the states from filing the lawsuit someplace else, attorney Daniel Schwei wrote, but the venue has to have some connection to the claims being made.

Besides, Schwei wrote, the states are challenging actions the FDA took in 2016, when it first loosened restrictions on mifeprostone. That’s well past the six-year time limit to sue, he said.

Abortion is banned at all stages of pregnancy in Idaho. Missouri had a strict ban, but clinics recently began offering abortions again after voters approved a new constitutional amendment for reproductive rights. Abortion is generally legal up to 22 weeks in Kansas, where voters rejected an anti-abortion ballot measure in 2022, though the state does have age restrictions.

Trump told Time magazine in December he would not restrict access to abortion medication. On the campaign trail, said abortion is an issue for the states and stressed that he appointed justices to the Supreme Court who were in the majority when striking down the national right to abortion in 2022.

Health Secretary Robert F. Kennedy Jr.’s stance on abortion seems to have shifted at times, drawing criticism from both abortion rights advocates and anti-abortion forces. During his first confirmation hearing in January, he repeatedly said, “I have always believed abortion is a tragedy,” when pressed about his views.

Mifepristone is usually used in combination with a second drug for medication abortion, which has accounted for more than three-fifths of all abortions in the U.S. since the Supreme Court’s ruling overturning Roe v. Wade.

National News

Associated Press

Chester town official shot a lost DoorDash driver seeking directions, upstate NY police say

CHESTER, N.Y. (AP) — A town official in upstate New York has been arrested after state police say he shot and wounded a delivery driver who got lost and approached his house seeking directions. John Reilly, the highway superintendent in Chester, a town nearly 60 miles (96 kilometers) north of Manhattan, was charged Saturday with […]

2 minutes ago

A visitor looks at the warden's house at Alcatraz Island on Monday, May 5, 2025, in San Francisco. ...

Associated Press

The federal Bureau of Prisons has lots of problems. Reopening Alcatraz is now one of them

Eleven inmate deaths in less than two months. More than 4,000 staff vacancies. A $3 billion repair backlog. And now, a stunning directive from President Donald Trump for the crisis-plagued federal Bureau of Prisons to “REBUILD, AND OPEN ALCATRAZ!” — the notorious penitentiary on an island in San Francisco Bay that last held inmates more […]

44 minutes ago

Democratic Associate Justice Allison Riggs speaks to protesters at a rally in Raleigh, N.C., on Mon...

Associated Press

Federal judge says results of North Carolina court race with Democrat ahead must be certified

RALEIGH, N.C. (AP) — Disputed ballots in the still unresolved 2024 race for a North Carolina Supreme Court seat must remain in the final count, a federal judge ruled late Monday, a decision that if upheld would result in an electoral victory for Democratic incumbent Allison Riggs. U.S. District Judge Richard Myers agreed with Riggs […]

2 hours ago

Associated Press

A fiery highway crash in eastern Kansas kills 8 people, including 3 from Oklahoma

GREELEY, Kan. (AP) — Two vehicles collided head-on and burst into flames on a two-lane highway in rural eastern Kansas, killing eight people, including a high school student, a teacher-coach and a school employee from Oklahoma, authorities said Monday. The crash occurred at about 5:45 p.m. Sunday on U.S. 169 outside of the small town […]

3 hours ago

FILE - Hennepin County Attorney Mary Moriarty explains her progressive approach to prosecutions, Ju...

Associated Press

Justice Department plans to investigate prosecutor’s office in Minnesota’s most populous county

MINNEAPOLIS (AP) — The U.S. Department of Justice has opened an investigation of the prosecutor’s office in Minnesota’s most populous county after its leader directed her staff to consider racial disparities as one factor when negotiating plea deals. Harmeet Dhillon, a Republican lawyer who’s the new director of the agency’s Civil Rights Division, announced the […]

3 hours ago

Nick Saban speaks before President Donald Trump gives a commencement address at the University of A...

Associated Press

Attorney says NCAA deal should resolve judge’s concerns over roster limits, criticizes Saban

An attorney in the $2.8 billion legal case reshaping college sports said Monday he thinks “the agreement we will reach with the NCAA will solve the judge’s concerns” over roster limits that have delayed final approval. Steve Berman, co-lead counsel for the defendants, told The Associated Press that all is on track to file paperwork […]

3 hours ago

Trump administration asks judge to toss suit restricting access to abortion medication