Lawsuits Challenge State Bans on Abortion Pills

    Lawsuits Challenge State Bans on Abortion Pills
    Last updated Jan 26, 2023
    Image credit: forbes


    • Two lawsuits challenging state restrictions on abortion medication were filed on Wednesday, the first suits of this kind since SCOTUS overturned Roe v. Wade, ending the federal constitutional right to the procedure.[1]
    • Both lawsuits argue that state limits on drugs usurp the federal authority of the Food and Drug Administration (FDA), which has deemed the abortion pill, mifepristone, as safe and effective.[2]
    • GenBioPro, a West Virginia mifepristone manufacturer, argues that state restrictions shouldn’t be allowed to contradict the FDA, which approved the drug in 2000 and recently allowed patients to acquire it through the mail and at certified pharmacies.[3]
    • In North Carolina, Dr. Amy Bryant argues that state laws can’t interfere with FDA regulations and that abortion pill restrictions are "not supported by medicine or science."[4]
    • Demand for mifepristone has soared since SCOTUS overturned Roe v. Wade last June, with at least 14 states having restricted nearly all abortions, including abortions via medication.[5]
    • This comes as the conservative group Alliance Defending Freedom is in the midst of challenging the FDA’s approval of mifepristone. That case could be decided as early as next month, with pro-abortion activists speculating about the possibility of a nationwide ban if the judge grants a temporary injunction on approval.[4]


    Republican narrative

    Biden’s pro-abortion agenda is seeking to destroy the states' rights created by the overturning of Roe v. Wade. When the president signed an order to "protect access to medication abortion" immediately after the ruling in June, he opened up states, which now have the constitutional right to regulate abortions, to lawsuits of this type. The courts must follow SCOTUS' lead and protect the sovereignty of the states.

    Democratic narrative

    Federal law has overarching authority over state laws, and state regulations cannot constitutionally contradict or interfere with that authority. The states have to be held to this standard; otherwise, a slippery slope could form, leading to state restrictions on other approved drugs, such as COVID vaccines and the morning-after pill.

    Political split



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