WASHINGTON, D.C. (LifeSiteNews) — The U.S. Department of Justice (DOJ) has asked the U.S. District Court for the Northern District of Texas to dismiss a lawsuit against Biden-era rules approving mail distribution of abortion pills, in a troubling escalation of the Trump administration’s aversion to undoing the pro-abortion policy.

In December 2021, the U.S. Food & Drug Administration (FDA) under former President Joe Biden eliminated its requirement that abortion pills be dispensed in person, allowing pharmacists to instead send them through the mail as long as the recipient has a prescription. Alliance Defending Freedom (ADF) sued on behalf of pro-life doctors and advocates, eventually getting the U.S. Supreme Court to take the case, which pro-lifers hoped might also impact the FDA’s original approval of mifepristone in 2000 and subsequent relaxation of the cutoff point for taking it from seven to 10 weeks. 

The Supreme Court dismissed that challenge last year, but the states of Idaho, Kansas, and Missouri filed another challenge last October.

On May 5, however, the Trump DOJ filed a motion to dismiss, on multiple grounds, from “[t]heir claims have no connection to the Northern District of Texas,” to “[t]he mere fact that someone might violate state law does not by itself injure the government,” to “fail[ure] to identify any actual or imminent controversy over whether any of their laws are preempted,” to “[t]he States fail to cite any precedent supporting their theory that they can sue over any policy that affects their potential future birthrate.”

Politico suggests that the administration’s position fits into a broader legal strategy of “preserving executive power and preventing courts from second-guessing agency decisions,” even in cases that involve “backing policies favored by Democrats.” But it also fits with President Donald Trump’s stated opposition to undoing Biden’s liberalization of abortion pill rules.

Trump has taken a number of pro-life actions since returning to office, but said on the campaign trail that he would not enforce the federal law against mailing abortion pills, as part of his broader push to make the Republican Party more “centrist” on life.

Trump’s Health & Human Services (HHS) Secretary, Robert F. Kennedy Jr., suggested in February that he would study the health risks of abortion pills, which gave pro-lifers hope of a reversal. But no action has been taken since then, and, most recently, FDA Commissioner Dr. Marty Makary said he had “no plans to take action” on abortion pills, while acknowledging that new data might change his mind.

“This is a serious mistake,” Sen. Josh Hawley (R-MO) said of the Justice Department’s stance.