Attorney General Alan Wilson has joined other Republican-led states in formally opposing mail delivery of medication used to end early pregnancies, by signing onto a brief in a lawsuit against the U.S. Food and Drug Administration.
The agency determined the drug was safe to be prescribed via telehealth and delivered by mail.
Soon after Biden’s announcement, a coalition of health care professionals that oppose abortion, called The Alliance for Hippocratic Medicine, filed a lawsuit against the FDA over the change.
Wilson has signed onto a brief supporting The Alliance for Hippocratic Medicine’s suit. Attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming have also signed the brief.
“I’ve lost count of how many times the Biden administration has tried to overreach its authority but this is yet another example,” Wilson said in a statement Friday. “Once again, we’re going to fight to protect life and the rule of law.”
The brief argues that the changes made by the FDA regarding mifepristone violate federal and state law.
The attorneys general wrote, “State laws on chemical abortion … account for the public interests at issue—and they do so with the benefit of democratic legitimacy (and legal authority). The FDA’s actions can make no such claim. By obstructing the judgments of elected representatives, the agency has undermined the public interest.”
The brief continues, “Even if the FDA’s approval of mifepristone harmonized with the agency’s own regulations and federal criminal law, those actions would not simply displace state laws regulating abortion.”
The suit against the FDA was brought in Texas federal court and is being heard by U.S. District Judge Matthew Kacsmaryk. Kacsmaryk was appointed by former President Donald Trump.
This story was originally published February 10, 2023, 2:14 PM.
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