SC Attorney General joins lawsuit over mailed abortion meds

South Carolina Attorney General Alan Wilson, surrounded by law enforcement officials from around the <a href=state, announces a major investigation related to Mexican drug cartels on Thursday, Dec. 12, 2022.” title=”South Carolina Attorney General Alan Wilson, surrounded by law enforcement officials from around the state, announces a major investigation related to Mexican drug cartels on Thursday, Dec. 12, 2022.” loading=”lazy”/

South Carolina Attorney General Alan Wilson, surrounded by law enforcement officials from around the state, announces a major investigation related to Mexican drug cartels on Thursday, Dec. 12, 2022.

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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.

In January, President Joe Biden announced that the FDA had changed its rules for the delivery of the abortion medication mifepristone, a drug used to end pregnancies up to 10 weeks after conception.

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

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California Attorney General Joins Multistate Amicus Brief Defending Access to Abortion Pill Mifepristone

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Mifepristone is prescribed to patients who need critical, time-sensitive reproductive care, including for abortions and the treatment of miscarriages

February 10, 2023 – OAKLAND — California Attorney General Rob Bonta today joined a coalition of 22 attorneys general in a legal fight to protect nationwide access to mifepristone, which is widely used for medication abortion. The attorneys general filed an amicus brief opposing a lawsuit that challenges the Food and Drug Administration’s (FDA) approval of mifepristone, despite the fact that mifepristone has been approved for more than 20 years. Mifepristone is prescribed to patients who need critical, time-sensitive reproductive care, including for abortions and the treatment of miscarriages. The plaintiffs in the lawsuit, Alliance for Hippocratic Medicine et al. v. FDA, are currently seeking a preliminary injunction that would force the FDA to rescind its approval of mifepristone. 
 
“Make no mistake: This lawsuit is an attack on the reproductive freedoms of millions,” said Attorney General Bonta. “When people’s access to critical health care is cut off, it’s our most vulnerable communities who pay the biggest price. Mifepristone is a lifeline to people across the nation, especially those who must travel long distances to access reproductive healthcare. My office will fight to protect and defend all Californians’ access to safe and legal abortions wherever and whenever it is threatened.”
 
On November 18, a group of plaintiffs led by the Alliance for Hippocratic Medicine filed a complaint in the U.S. District Court for the Northern District of Texas against the FDA and the U.S. Department of Health and Human Services (HHS). The lawsuit argued that the FDA overstepped its authority when it approved mifepristone for use as medication abortion in 2000, because it does not provide a ‘meaningful therapeutic benefit’ over other available treatments such as surgical abortion procedures. 
 
In

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How approaches in state attorney general actions differ from typical litigation

February 8, 2023 – Companies generally try to avoid public litigation against a state attorney general at all costs, as it can be catastrophic. (“Developing a strategy for settling multistate AG investigations,” Reuters Legal News, Nov. 10, 2022) In those instances where a confidential regulatory investigation precipitated the filing of a complaint, the state attorney general’s lawsuit makes public the previously unknown regulatory investigation.

That, in turn, usually prompts negative press, customer or consumer inquiries, regulatory scrutiny from other states or federal agencies, and — depending on the focus — consumer class actions by the plaintiffs’ bar. It can also torpedo pending business opportunities, harm employee recruitment efforts, cause a loss of goodwill in the marketplace, drag down company valuations, and potentially trigger a shareholder derivative lawsuit in the case of publicly traded companies.

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Yet, increasingly in recent years, targeted companies have had no choice but to reject the onerous settlement terms demanded by a state attorney general, whether it be because the company cannot afford to pay the stiff monetary demand embedded in the settlement offer or because the injunctive relief terms would cripple the challenged business practice in such a manner that the business unit could not remain viable. When faced with such draconian realities, a company may have no choice but to dig in and prepare for battle.

A common mistake, however, that many companies and their outside counsel make is that they only arm themselves with the same tactics they employ for typical litigation against the plaintiffs’ bar or commercial competitors. They will rely on their tried-and-true strategies for responding to the complaint, such as engaging in motions practice under Rule 12(b), managing discovery, attempting to mediate the case, filing a motion for summary judgment, challenging opposing experts, and eventually

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