WASHINGTON (OSV News) — The Trump administration has asked multiple judges to pause several state lawsuits seeking to roll back Biden administration-era eased restrictions on mifepristone, a drug commonly, but not exclusively, used for first trimester abortion, prompting frustration from pro-life advocates who support those challenges.
The U.S. Department of Justice during the second Trump administration has moved to dismiss a series of state lawsuits — notably Louisiana, Missouri and Florida — seeking to end a Food and Drug Administration policy implemented during the Biden administration permitting mifepristone to be distributed by mail. The states have argued the policy undermines their own state laws, among other objections.
Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, told OSV News, “It’s inexcusable that the Trump-Vance DOJ is actively litigating against pro-life states just trying to enforce their laws.”
In its filings, DOJ lawyers in the Trump administration argued in the filing that the court “should either stay this case until after FDA completes its review or dismiss it.”
However, the status and timeline of the FDA’s review is unclear.
A spokesperson for the Department of Justice did not immediately respond to a request for comment on the filings. A spokesperson for the Department of Health and Human Services, which oversees the FDA, did not immediately respond to a request for comment on its review.
Politics at the expense of women’s health?
David Bereit, executive director of the Life Leadership Conference and founder of 40 Days for Life, told OSV News in an interview the effort “to fight some of the different lawsuits the different states are filing related to abortion pills being mailed in” is “concerning” and “troubling.”
“My hope is that politics are not ruling the day at the expense of the health of women,” he said.
Proponents of the drug argue it is statistically safe for a woman to take, and attempts to restrict it are an attempt to ban abortion outright. In contrast, opponents argue there are significant risks to those who take it, particularly outside of medical settings, in addition to ending the life of an unborn child early in its development.
Reproductive Freedom for All (formerly NARAL Pro-Choice America), which advocates for the drug’s availability, said in a March 4 post on its website the lawsuits seeking to revoke mifepristone’s FDA approval are “part of a broader, coordinated effort to ban abortion nationwide.”
The group argued mifepristone “has been used safely for more than 20 years and is backed by overwhelming scientific evidence.”
“The nonstop attacks on mifepristone are not about protecting patients — they are about creating confusion, chaos, and real consequences for people who need or want care,” they said.
But Dannenfelser argued, “Over 60% of abortions are caused by abortion drugs, which are easier than ever to order online and slip in someone’s drink or shove down her throat.”
Abortion numbers up
Data recently released by the Guttmacher Institute, which supports abortion access, found that an estimated 1,126,000 abortions were provided by clinicians — without differentiating between surgical or chemical, sometimes called medication, procedures — in the U.S. in 2025, which it said is the highest number since 2009.
“Alarms are sounding loudly within the GOP and nationwide,” Dannenfelser added, pointing to amicus briefs filed by 51 U.S. senators, 175 members of the U.S. House and 21 state attorneys general in support of Louisiana’s lawsuit.
“The Trump-Vance administration could end Biden’s COVID-era rule that allows them to be mail-ordered, without seeing a doctor in person, right away,” Dannenfelser said.
Dannenfelser, whose group works to elect candidates to public office who oppose abortion, also argued, “Seven in 10 voters including 57% of liberal voters support this commonsense move. GOP primary voters, like the ones our field team is visiting in key states like Iowa and South Carolina, overwhelmingly do, too.”
Sarah Zagorski, senior director of public relations and communication for Americans United for Life, told OSV News, “The Trump administration’s repeated attempts to delay justice for women harmed by abortion pill deregulation is extremely disappointing.”
“The Justice Department should not be deployed to defend a failed Biden-era policy designed to flood pro-life states with abortion pills,” Zagorski said. “Women deserve better. We are hopeful the court will see the clear political motivations behind the administration’s requests to stay or dismiss these cases, siding with women and true justice.”
Generic drug approval questions
Pro-life advocates including Dannenfelser and Bereit have also objected to the FDA’s recent approval of a new generic form of the drug.
“This is really serious,” Bereit said, questioning why a new generic mifepristone was approved if the drug is under investigation.
“The FDA exists to protect the well-being and the health of Americans, and I hope they start taking that job seriously instead of letting politics rule the day.”
The Catholic Church teaches that all human life is sacred from conception to natural death, and as such, opposes direct abortion. After the 2022 Dobbs v. Jackson Women’s Health Organization decision, Church leaders in the U.S. have reiterated the Church’s concern for both mother and child and have called to strengthen available support for those living in poverty or other circumstances that can increase the risk of abortion.
Kate Scanlon is a national reporter for OSV News covering Washington. Follow her on X @kgscanlon.
