March 15, 2023

Pro-Abortion Attorneys General Sue FDA Over "Excessive Regulation" of Abortion Pills

Illinois Attorney General Kwame Raoul (D)
On February 23, a group of twelve pro-abortion attorneys (including Illinois AG Kwame Raoul) general has filed a lawsuit against the US Food and Drug Administration FDA claiming that the agency “unnecessarily singl[ed] out the abortion drug mifepristone for excessive regulation” by applying its Risk Evaluation and Mitigation Strategy (REMS) safety regulations. The lawsuit seeks to stop REMS regulations from applying to mifepristone. 

“Despite the millions of patients who have safely used mifepristone for abortion care and miscarriage management, the FDA continues to categorize mifepristone as a dangerous drug requiring unnecessary restrictions,” Raoul said in a press release. “The science clearly shows that mifepristone is safe, which is why I am urging the FDA to remove these burdensome restrictions that limit access to safe and effective health care.”

Raoul's press release goes on to say,
"The lawsuit asserts that the FDA exceeded its authority by continuing its unnecessary and burdensome restrictions on mifepristone. The lawsuit also argues that the FDA’s actions violate the constitutional principle of equal protection. Raoul and the coalition are asking the court to find the FDA’s REMS restrictions unlawful and to bar the federal agency from enforcing or applying them to mifepristone. It also seeks to ensure that mifepristone remains accessible."

The Obama and Biden administrations have weakened REMS regulations against mifepristone during their tenures, but neither has ended them entirely. Obama's FDA ended an REMS requirement that mifepristone manufacturers report non-fatal complications. Biden's FDA ended a requirement prohibiting the mail distribution of mifepristone.

The lawsuit is reminiscent of lawsuits against pro-abortion Michigan Governor Gretchen Whitmer's administration. One of these lawsuits was filed by Planned Parenthood, and the other was filed by the governor herself. These lawsuits featured pro-abortion plaintiffs filing complaints against pro-abortion defendants. In the same way, pro-abortion attorneys general are now filing lawsuits against the pro-abortion Biden FDA over regulatory decisions made by prior administrations. 

Joining Raoul in the lawsuit against the FDA are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Michigan, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

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