Missouri Attorney General Andrew Bailey announced Monday that several states sued the U.S. Food and Drug Administration (FDA) for allowing abortion pills to be shipped through the mail.
Missouri, along with Idaho and Kansas, filed a lawsuit alleging the FDA “failed” to meet its “statutory responsibility to protect the health, safety, and welfare of all Americans by rejecting or limiting the use of drugs dangerous to the public.”
The lawsuit asks the court to issue a preliminary injunction blocking the FDA’s rollback of certain safety precautions in 2016, its approval of generic mifepristone in 2019 and its policy allowing the pills to be sent through the mail.
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“[The FDA] 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,” the complaint alleges. “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.”
Bailey said in a statement he is “proud to be leading a coalition of states to halt the FDA’s illegal federal overreach in its tracks.”
“Unelected federal bureaucrats do not have the statutory authority to approve the shipment of these dangerous chemical abortion drugs in the mail,” Bailey said. “The FDA’s guidance is not only unlawful, but would cost the lives of both women and their unborn children.”
The issues in Missouri’s lawsuit are similar to those in a separate case brought by doctors represented by the Alliance Defending Freedom, Alliance for Hippocratic Medicine v. FDA, which the Biden administration appealed to the Supreme Court in September. Missouri requested its complaint be combined with the other lawsuit.
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The Fifth Circuit declined to revoke the FDA’s approval entirely in August, but agreed certain changes the FDA made to the pill’s access after 2016 should be blocked, including allowing them to be sent through the mail.
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