State attorneys general from both political parties are in a tug-of-war over a federal lawsuit filed by pro-life groups looking to reverse the FDA's approval of a drug typically used in abortion procedures.
Leading the 22 Republicans is Attorney General Lynn Fitch, R-Miss., who argues that the FDA "undermined the public interest" in its accessibility of the drug mifepristone, one of the drugs used to induce abortions in pregnancies up to 10 weeks, the Washington Examiner reported.
The hotly contested debate of abortion has hit center stage in the states after the overturning of Roe v. Wade last year. Now Republicans seek to take advantage of the momentum in preserving life.
"For two decades, the U.S. Food and Drug Administration has acted to establish a national wide regime of on-demand abortions by licensing sweeping access to chemical abortion drugs — in defiance of federal and state laws protecting life health, and safety," reads an amicus brief written by Fitch.
According to the Washington Examiner, attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming signed in support of the Republicans' measure.
In the lawsuit, the Alliance for Hippocratic Medicine and the American Association of Pro-Life Obstetricians and Gynecologists claim the FDA abused its regulatory power in 2000 by approving mifepristone.
Attorney General Letitia James and 21 other Democrat attorneys general claimed the Republicans' move would "drastically reduce access to abortion." They say it would overburden abortion clinics, forcing providers to proceed with surgical abortions.
According to the Washington Examiner, James wrote: "Against this stark backdrop, annulling — or even merely limiting — any of the FDA's actions relating to medication abortion would result in an even more drastic reduction in abortion access across the entire nation."
The Washington Examiner reported that after the Dobbs decision, Planned Parenthood clinics in the California counties of Riverside, San Diego, and Imperial experienced a spike of 513% in patients seeking such procedures. Patients from Arizona would seek medical refuge in California, according to the Democratic attorney general.
U.S. District Court Judge Matthew Kacsmaryk is presiding over the suit.
A decision could be made at any time, but it's typical for a hearing before the final ruling. If the court rules to limit or ban the medication, the Biden administration would most likely appeal the decision.
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