Charlottesville federal court hears abortion pill access case

CHARLOTTESVILLE, Va. (WVIR) - On Monday afternoon, the U.S. District Court for the Western District of Virginia heard oral arguments in a case that could have significant implications for access to abortion pills under the Trump administration.

Whole Woman’s Health Alliance v. FDA centers around the abortion pill Mifepristone, which is used to induce abortions in the first trimester and to medically manage miscarriages. Monday marked the first time that lawyers representing the new presidential administration appeared in court to address abortion pills.

The Whole Woman’s Health Alliance originally brought the lawsuit in 2023 on behalf of independent abortion providers in Virginia, Kansas, and Montana.

The plaintiffs are seeking to eliminate restrictions on accessing the pill, which attorneys contend act as a burden to both the patient and healthcare providers.

That includes a requirement for prescribers to register with a drug manufacturer. During the hearing, Linda Goldstein, the attorney for the plaintiffs, argued that the physician certification requirement often deters providers from prescribing the drug at all, out of fear of violence from those opposed to abortion.

Goldstein also pointed to a Patient Agreement Form, which she called redundant and unnecessary, as well as a pharmacy certification requirement.

The oral arguments also come after the Department of Health and Human Services Secretary Robert F. Kennedy Jr. called for a thorough review of the medication.

“Many of us have been kind of waiting to see what the Trump administration was going to do about abortion,” said Amy Hagstrom Miller, President and CEO of the Whole Women’s Health Alliance. “It was a popular thing that was discussed in Project 2025, but we haven’t seen any action from the Trump administration yet... We’re trying to preemptively get protections for Mifepristone no matter who’s president.”

29News also reached out to the FDA and HHS. A spokesperson said the two agencies do not comment on ongoing litigation.

During the oral arguments, Noah Katzen, the Department of Justice attorney representing the FDA, said there was no evidence presented to the agency that justified lifting the current restrictions on the drug.

Judge Robert Ballou asked both sides extensive questions regarding the FDA’s Risk Evaluation and Mitigation Strategy for the pill.

The hearing stretched on for about three hours. Judge Ballou did not come to a conclusion on Monday but is expected to announce the next steps for the case soon.

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