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Home Politics

States square off over lawsuit to drag mifepristone from U.S.

INBV News by INBV News
February 10, 2023
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States square off over lawsuit to drag mifepristone from U.S.
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Democratic and Republican attorneys general squared off on Friday in dueling arguments over an attempt by anti-abortion physicians to drag the abortion pill, mifepristone, from the U.S. market.

Recent York led a coalition of twenty-two attorneys general who argued that pulling the pill, mifepristone, would have “devastating consequences” for ladies. Mississippi led 22 Republican attorneys general who argued that the Food and Drug Administration’s approval of mifepristone is “deeply flawed.”

The dueling court filings are available in an escalating federal court battle in Texas over a lawsuit filed by anti-abortion physicians last November in search of to overturn the FDA’s approval of mifepristone greater than twenty years ago.

Used together with misoprostol, mifepristone is essentially the most common method to terminate a pregnancy within the U.S., accounting for about half of all abortions.

The abortion rights group NARAL Pro-Alternative America, in an evaluation published Friday, said 40 million women would lose access to the abortion pill if the court overturns the FDA’s approval.

The coalition led by Recent York argued that overturning the FDA approval would make the pill largely unavailable, forcing women to either undergo a more invasive surgical operation or forgo abortion altogether.

Surgical abortion is more costly and difficult to acquire, they argued, which might disproportionately impact women who’re lower income, underserved or live in rural communities where there may not be access to a clinic.

“This might have devastating consequences,” the attorneys general told Judge Matthew Kacsmaryk, who’s presiding over the case within the U.S. District Court in Northern Texas.

The coalition led by Mississippi backed the anti-abortion physicians claims, calling the FDA’s actions on mifepristone “deeply flawed.”

“For twenty years, the U.S. Food and Drug Administration has acted to determine a nationwide regime of on-demand abortion by licensing sweeping access to chemical abortion drugs—in defiance of federal and state laws protecting life, health, and safety,” the Republican attorneys general argued.

The FDA, in its response last month, called the lawsuit “extraordinary and unprecedented.” The agency’s lawyers said they might not find any previous example of a court second-guessing an FDA decision to approve a drug.

The FDA approved mifepristone as a protected and effective method to terminate an early pregnancy based on extensive scientific evidence, the agency’s lawyers wrote. A long time of experience amongst 1000’s of girls have confirmed that the drug regimen is safer than surgical abortion or childbirth, the lawyers argued.

Kacsmaryk on Thursday prolonged a key deadline within the case. He ordered one in all the abortion pill makers, Danco Laboratories, to put out its opposition to the lawsuit. The anti-abortion physicians who brought the case then have until Feb. 24 to reply.

“Forcing FDA to withdraw a longstanding approval would seismically disrupt the agency’s governing authority as as to whether drugs are protected and effective, and would cause Danco direct and immediate harm by shuttering its business,” attorneys for Danco Laboratories told the court Friday.

Mifepristone has change into the central focus within the battle over abortion access for the reason that Supreme Court overturned Roe v. Wade last June.

The FDA last month modified its regulations to permit certified retail pharmacies to dispense mifepristone. CVS and Walgreens, the nation’s two largest drugstore chains, have said they’re getting certified to dispense the prescription medication in states where it’s legal to accomplish that.

Republican attorneys general have also warned the businesses against distributing the pill by mail of their states, indicating that they might take legal motion.

There are also lawsuits in search of to overturn state restrictions on mifepristone, arguing that they conflict with FDA regulations. GenBioPro, the opposite abortion pill manufacturer, is suing to overturn West Virginia’s ban. A physician in North Carolina is difficult that state’s restrictions.

Recent York led the coalition of state attorneys general and Washington, D.C., arguing to maintain mifepristone in the marketplace included: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, Recent Jersey, Recent Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington and Wisconsin.

The Mississippi led coalition arguing against the FDA approval of mifepristone include: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah and Wyoming.

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