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As Republicans push to restrict abortion pills, Trump Administration asks to dismiss lawsuit against them

A recent explosive study revealed that 10.93% of the 865,727 'mifepristone' (abortion pills) abortions recorded between 2017 and 2023 resulted in serious complications, according to data analyzed by the Ethics and Public Policy Center (EPPC).

A reference image of the 'mifepristone' abortion pill

A reference image of the 'mifepristone' abortion pillAFP

Emmanuel Alejandro Rondón

In a case against the abortion pill ‘mifepristone’, the Trump Administration, in a surprising turn of events, upheld the Biden Administration's argument to urge a Texas judge to dismiss a lawsuit brought against the drug by three Republican-ruled states on procedural grounds.

According to the Trump Administration, the states Missouri, Idaho, and Kansas, who filed the case in federal court in the Northern District of Texas seeking to restrict access to abortion pills, "have no connection" to the district where they filed suit.

"Regardless of the merits of the states’ claims, the states cannot proceed in this court," Justice Department lawyers concluded, urging that the suit be “dismissed or transferred for lack of venue.”

The lawsuit filed by the three states is part of a major legal case being pursued by pro-abortion and pro-life groups across the country. It is the first time the Trump Administration has weighed in on the case and was surprising for using the Biden Administration's argument, which was markedly pro-abortion compared to the rhetoric of President Donald Trump himself and several of his top officials.

The lawsuit, in general, which seeks to reverse various regulatory changes that the Food and Drug Administration (FDA) implemented since 2016 that significantly expanded access to mifepristone, which right now is the most widely implemented abortion method in the US.

According to the most recent data, more than 60% of abortions in the country are through this drug.

Particularly, Missouri, Kansas,

and Idaho argue that the Food and Drug Administration (FDA) acted wrongly in relaxing restrictions on mifepristone, especially condemning its prescription via telemedicine and mail delivery.

Last year, however, the U.S. Supreme Court sided with pro-abortion groups, rejecting a petition by pro-life groups and physicians seeking to restrict access to the drug, concluding that they lacked legal standing to challenge FDA regulations.

Following the ruling, the original plaintiffs decided not to pursue the case, but federal judge Matthew Kacsmaryk, Trump's own appointee, allowed the three states to intervene and continue with the lawsuit. The Department of Justice, still under Joe Biden, had moved to dismiss the case in January. The DOJ's own prosecutors, now under Trump's leadership, maintained this position.

Republican lawmakers push Trump to restrict abortion pills

The Trump administration’s decision to defend current regulations on mifepristone is likely to provoke criticism from pro-life groups, which gave the Republican front-runner unequivocal backing during the last election campaign.

The case, moreover, comes at a time when Republicans are demanding that the FDA tighten its safety regulations on mifepristone after a study concluded that it is a risky drug for women who take it.

According to a extensive research by the Ethics and Public Policy Center (EPPC) published in April, tens of thousands of women were treated for conditions such as sepsis, bleeding and infection within 45 days of taking mifepristone.

According to the EPPC, based on health insurance data for 865,727 mifepristone abortions between 2017 and 2023, 10.93% of cases required treatment for serious complications, and 2.84% ended in surgical abortion.

"The real-world rate of serious adverse events following mifepristone abortions is at least 22 times as high as the summary figure of ‘less than 0.5 percent’ in clinical trials reported on the drug label," denounced the EPPC group, which recommended the federal government return to the old safety protocols on the pills that were dismantled by former Presidents Barack Obama and Joe Biden.

"In light of this research, we urge the FDA to reinstate earlier, stronger patient safety protocols and reconsider its approval of mifepristone altogether," the authors wrote. “Women deserve better than the abortion pill.”

The study was conducted by Ryan T. Anderson, president of EPPC; and Jamie Bryan Hall, director of data analysis at the same center.The sample was a total of 865,727 mifepristone abortions prescribed to a total of 692,873 women.

The study charges that the warning label of Mifeprex-trade name for mifepristone manufactured by Danco Laboratories- claims that the rate of serious adverse reactions, less than 0.5%, comes from ten clinical studies (six in the United States and four abroad) conducted with just 30.966 women, a considerably smaller sample compared to that analyzed by EPPC.

Following the study's publications, several Republican lawmakers publicly pressured the FDA to take action against abortion pills.

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

In turn, Sen. Josh Hawley, R-Missouri, wrote a letter to the agency urging it to restore the old safety measures for the use of mifepristone.

“The health and safety of American women depend on it,” Hawley said in his April 28 letter to FDA Commissioner Marty Makary.

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