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The Biden administration and mifepristone manufacturer Danco Laboratories LLC are intensifying their efforts to end a legal battle over the abortion medication, mifepristone. In a 15-page reply brief filed on Friday, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Health and Human Services (HHS) urged U.S. District Judge Matthew J. Kacsmaryk to dismiss or transfer the case, arguing that the intervening states—Missouri, Idaho, and Kansas—lack standing to continue litigating the matter in Texas federal court.

The case stems from a lawsuit initially filed in 2022 by anti-abortion medical groups and providers, alleging that the FDA overstepped its authority in approving mifepristone for mail delivery and extending its usage from seven weeks to 10 weeks of pregnancy. The legal dispute escalated when Judge Kacsmaryk ruled in April 2023 that the FDA’s approval of mifepristone should be suspended, drawing national attention. However, this ruling was partially reversed on appeal by the Fifth Circuit, and before the U.S. Supreme Court issued its final ruling, three states intervened in January, claiming they had a vested interest in the case.

In June, the Supreme Court ruled in favor of the FDA, declaring that the original plaintiffs lacked standing to challenge the approval of mifepristone. This ruling led to the voluntary dismissal of the original plaintiffs’ claims. The Biden administration and Danco Laboratories now argue that the states cannot continue the litigation since they never had proper jurisdiction to intervene in the first place. They also contend that the case should be transferred to another jurisdiction, such as the District of Columbia, District of Maryland, or the Western District of Missouri.

"The states incorrectly suggest that this court had jurisdiction over the original plaintiffs' claims at the time of intervention, which allows the states to continue litigating in this court," the government stated. "But that is not how standing works; the Supreme Court's decision necessarily means that this court never had jurisdiction over plaintiffs' claims."

The states involved in the litigation, however, argue that parts of the Fifth Circuit's opinion are still binding, despite the Supreme Court’s decision, and insist they have the right to continue pursuing the case. They also contend that the Biden administration and Danco Laboratories are seeking to move the case out of the Fifth Circuit because it ruled against the FDA.

Danco Laboratories supported the government's position, stressing that the states’ arguments contradict long-standing legal precedent. The company also called out the states for attempting to litigate the case in Texas rather than in their home jurisdictions or where the defendants are headquartered.

The case remains ongoing in the U.S. District Court for the Northern District of Texas, where Judge Kacsmaryk is tasked with deciding whether to dismiss the litigation or transfer it to another district.