Democratic attorneys general sue Biden administration over FDA abortion pill regulation

A group of 12 Democratic state attorneys general filed a lawsuit in the United States District Court for the Eastern District of Washington against the Food and Drug Administration (FDA) on Feb. 23, 2023, arguing that the agency’s regulations on the abortion-inducing drug mifepristone violate state sovereignty by limiting the ability of states to provide the drug to residents.

The drug mifespristone was approved by the FDA in 2000 and prescribers must have a special certification requirement, according to FDA regulations. The complaint argues that the FDA’s regulatory requirements abridge state sovereignty over the health and well-being of state residents. The lawsuit seeks to “remove those restrictions and make access to this important medication more available to women across the country,” according to a statement released by Washington Attorney General Bob Ferguson (D).

The Biden administration “has emphasized the need to protect access to mifepristone,” according to a Jan. 22, 2023, statement. The U.S. District Court for the Eastern District of Washington had not set a date for oral argument as of March 3, 2023. 

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