While Republicans have largely said that abortion is a state issue following the fall of Roe v. Wade, conservative-led states are now on record backing a nationwide injunction on the use of a key drug used in medication abortions.
says that the FDA "has acted to establish a nationwide regime of on-demand abortion ... in defiance of federal and state laws protecting life, health, and safety."
The FDA's approval of mifepristone, which is used alongside misoprostol to terminate pregnancies, "undercut"While the AGs' focus on arguing that mifepristone's approval harms the citizens of the states that they represent, an injunction would cover every state,It's the most sweeping policy Republicans have taken on abortion since Roe was overturned, after previouslyopposing an injunction, arguing that it "would be nothing short of catastrophic, causing shock waves...
They argue that under the Dobbs opinion that struck down Roe, they have the authority to "promote access to abortion" in their states since the issue now falls to "elected representatives." "Annulling the FDA's approval of mifepristone would, in effect, eviscerate [states'] sovereign decisions to protect the right to choose to terminate a pregnancy," per the Democratic brief.The Texas judge's decision on whether to temporarily block the FDA's authorization of mifepristone is expected to be released later this month.
If the authorization is reversed, it would be the first time a court orders the FDA to withdraw approval of a drug and potentially have wide implications for U.S. regulatory agencies, legal experts say.
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