The states of Missouri, Idaho, and Kansas filed a lawsuit against the Biden administration’s Food and Drug Administration (FDA) after the agency approved the mail-ordering of abortion-inducing drugs.
“Unelected federal bureaucrats do not have the statutory authority to approve the shipment of these dangerous chemical abortion drugs in the mail,” said Republican Missouri Attorney General Andrew Bailey via a press release after announcing the lawsuit Monday.
“The FDA’s guidance is not only unlawful, but would cost the lives of both women and their unborn children,” the attorney general continued. “I am proud to be leading a coalition of states to halt the FDA’s illegal federal overreach in its tracks.”
BREAKING: We have filed suit against @POTUS‘ FDA for unlawfully approving the shipment of chemical abortion pills in the mail.
Bureaucrats do not have the authority to issue guidance that would cost the lives of both women and their unborn children. pic.twitter.com/7UqenQTDJK
— Attorney General Andrew Bailey (@AGAndrewBailey) November 6, 2023
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“The U.S. Food and Drug Administration (FDA) has the statutory responsibility to protect the health, safety, and welfare of all Americans by rejecting or limiting the use of drugs dangerous to the public,” wrote Bailey in his complaint:
The FDA has failed in this responsibility. Specifically, it failed America’s women and girls when it chose politics over science and approved risky, untested chemical abortion drugs for use in the United States.
And it has continued to fail them by turning a blind eye to these harms and repeatedly removing even the most basic precautionary requirements associated with the use of these risky drugs.
To date, the FDA’s review, approval, and deregulation of chemical abortion drugs has spanned three decades, crossed several presidential administrations, and encompassed six discrete agency actions. Plaintiffs challenge these actions by the FDA and ask that the Court hold them unlawful, set them aside, and vacate them.
The three states challenge three specific FDA actions, which Bailey lists as:
(1) the 2016 rollback of most of the safety precautions FDA had put in place when it approved [the abortion-inducing drug] mifepristone in 2000
(2) the 2019 FDA approval of generic mifepristone
(3) the 2021 and 2023 policy allowing these drugs to be sent by mail
Greg Wehner of FOX News reported that the nation’s two largest pharmacies, Walgreens and CVS, “first announced their intention to distribute abortion pills in the mail” in early January.
This, per Wehner, came after the Biden administration “developed a plan which they announced over a year ago, to change a [FDA] rule in a way that would allow companies like Walgreens and CVS to apply for a certification to distribute a two-step abortion-inducing drug.”
Before the rule was changed, mifepristone, the first pill used in the two-part abortion process, could be dispensed only by some mail-order pharmacies or by certified doctors or clinics.
By granting the certification, the FDA would be allowing pharmacists to dispense the pill directly to patients upon receiving a prescription from a certified prescriber.
In August, the United States Court of Appeals for the Fifth Circuit issued a ruling that ended mail orders for mifepristone. However, the federal court simultaneously upheld the abortion drug’s FDA approval.
The following month, the Biden administration appealed the case, known as Alliance for Hippocratic Medicine v. FDA, to the Supreme Court. The case is separate from the one Bailey filed this week.
However, per The Daily Caller, Missouri requested the two cases be combined.
The FDA is an agency of the Department of Health and Human Services (HHS). Biden HHS Secretary Xavier Becerra has called himself a “committed Catholic” despite his ardent support for abortion on demand and the LGBTQ movement.
Bailey has served as Missouri Attorney General since his appointment to the office in January. He took over for fellow Republican Eric Schmitt, who resigned after being elected to the U.S. Senate.
Less than two months after taking office, Bailey slammed the FBI’s infamous Richmond memo, calling it “a religious attack on Catholics.”
“[It is] clear that [Biden will] weaponize unelected federal bureaucrats to go after any American who doesn’t worship the ‘right way,’” Bailey said at the time. “The First Amendment includes both the right to free speech and religious liberty for a reason, and my office will use any tool necessary to defend the rights of all Missourians to worship as they please.”
Next year, Bailey is up for re-election. He is set to face a well-funded Republican primary challenger.
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