A federal judge heard oral arguments Wednesday in a lawsuit that could end availability of abortion-inducing drug mifepristone throughout the nation.
The case was brought against the Food and Drug Administration (FDA) in November by Alliance for Hippocratic Medicine, a coalition of pro-life OB/GYNS, pediatricians, and other Christian healthcare providers, who are seeking a preliminary injunction to require the FDA to either withdraw or suspend its approval of the drug while the lawsuit continues.
Missouri Attorney General Andrew Bailey led 19 other Republican state attorneys general (AGs) in a warning letter to CVS and Walgreens that asserts federal law forbids using the mail to send or receive drugs that are intended to be used to produce an abortion.
Bailey and the coalition of attorneys general wrote to the two drugstore chains, informing them that their announced plan to use the mail to distribute abortion pills is both unsafe and illegal.
A company behind the manufacturing of a pill used in chemical abortions filed a lawsuit on Wednesday morning challenging state bans on the abortions, The New York Times reported. GenBioPro, which makes the abortion pill mifepristone, filed the lawsuit in a West Virginia federal court to argue that Federal Food and Drug regulations (FDA) take priority over state laws regulating abortion, according to the NYT. The lawsuit argues that the FDA’s approval of the abortion pill trumps state laws and that abortion bans violate the Commerce Clause of the Constitution, which protects interstate commerce.
The Food and Drug Administration (FDA) made a regulatory change that allows independent and chain drugstores, as well as mail-order companies, to offer a drug that induces abortion, making it easier for women and girls to conduct their own abortions at home or in college dorms.
The New York Times reported Tuesday evening the FDA’s regulatory change, which apparently came without an official announcement to the public, officially removes the requirement for the patient to have an in-person doctor’s visit for the prescription of mifepristone, the first drug used to induce an abortion.
Worldwide religious freedom legal organization Alliance Defending Freedom (ADF) filed a federal lawsuit Friday that challenges the Food and Drug Administration’s (FDA) approval of chemical abortion drugs mifepristone and misoprostol, claiming they present significant health risks to a pregnant woman as they also starve her unborn child to death.
“[T]he FDA failed America’s women and girls when it chose politics over science and approved chemical abortion drugs for use in the United States,” the lawsuit, filed on behalf of the Alliance for Hippocratic Medicine, asserts. “And it has continued to fail them by repeatedly removing even the most basic precautionary requirements associated with their use.”
The Food and Drug Administration (FDA) says abortion providers are prescribing abortion-inducing drugs to women in advance of becoming pregnant – a practice that is without authorization and potentially dangerous for women.
“The FDA is concerned about the advance prescribing of mifepristone for this use,” an anonymous FDA spokesperson reportedly told the German-owned Politico Friday. “Mifepristone is not approved for advance provision of a medical abortion.”