Biden engages in legal battle with red states over abortion pills

Anti-Abortion the defenders prepare to fight the president Joe Bidenis committed to ensuring access to abortion-inducing drugs by exercising federal authority over states that have restrictions in place.

Biden signed a decree Friday aimed at bolstering access to abortion now that the Supreme Court has ruled in the case Dobbs v. Jackson Women’s Health Organization that the Constitution does not guarantee the right to abortion. One of its orders vaguely directed the Department of Health and Human Services to “protect and expand access to abortion care, including access to medications that the [Food and Drug Administration] approved as safe and effective over twenty years ago,” according to a White House summary.


“Consider the challenge accepted, yard. I call on the Department of Justice to do everything in its power to protect these women who seek to assert their rights,” Biden said. “To protect a woman’s right to FDA-approved drugs that have been available for over 20 years.”

The Department of Justice has previously addressed the topic of restrictions in many red states on the use of the abortion-inducing drug regimen that uses mifepristone and misoprostol. Attorney General Merrick Garland asserted shortly after the Supreme Court’s decision in Dobbs last month that “states cannot ban mifepristone due to disagreement with the FDA’s expert judgment on its safety and efficacy.”

But Roger Severino, vice president of domestic policy at the conservative Heritage Foundation and former director of HHS’ civil rights office under President Donald Trump, said red states do not disagree with the FDA’s judgment on safety and efficiency. Therein lies the problem with the Biden administration’s argument.

“States that protect unborn life admit that abortion drugs are extremely good for what they are meant to do,” Severino told the Washington Examiner. “So they’re not questioning the effectiveness of these drugs based on the judgment of the FDA. They’re using the findings of the FDA to say yes, these drugs kill unborn life. That’s why they are designed in. And that is why they should not be used in these pro-life states.

garland preemption argument, formulated in the Supremacy Clause of the Constitution which states that federal law supersedes the laws of the conflicting states, should become the centerpiece of federal litigation. Anti-abortion groups think they can refute the administration’s argument.

“They don’t prohibit drugs. They prohibit the use of drugs to kill people,” said Kristen Day, executive director of Democrats for Life of America. “The death penalty is illegal in many states, but drugs used to kill people are still legal. And so these states make the decision not to kill people with the death penalty. »

Ten states have already banned abortions, either in almost all cases or after six weeks of pregnancy. Medical abortion, which the FDA deems safe and effective when taken within the first 10 weeks of pregnancy, falls under the bans.

“They can say these are legal drugs. This does not mean that they can be legal for a certain procedure. So if abortion is banned in those states because it’s considered murder, the drugs might still be legal, but they just can’t be used to kill a baby,” Day said.

Anti-abortion advocacy giant Susan B. Anthony Pro-Life America has already pledged to fight the Biden administration’s executive order in court alongside red state leaders and congressional partners.

“Biden and the Democrats are failing on politics at every level, so they’re giving in to the abortion industry and hanging on to straws,” said SBA Pro vice president of state affairs Stephen Billy. -Life America. “Each of their proposals presents questions about legal authority to act, and we will work with partners at the federal and state (or Congress and Gov/AGs) levels to fight these extreme abortion policies until the birth.”

Medical abortions are the most common types of abortions performed in the United States and can be performed in the privacy of one’s own home. The first drug in drug therapy, mifepristone, blocks the hormone progesterone, without which pregnancy cannot continue in the womb. Between 24 and 48 hours later, the patient takes misoprostol, which causes cramping and bleeding to empty the uterus.


The FDA has made it easier for women to obtain prescribed medications through telehealth services and to receive them in the mail, although delivery of pills in red states has been restricted. Women seeking a medical abortion must do so in a state where abortion is legal, such as Colorado, and pick it up from an address in that state before they can return to their home state, such as Texas, and take the pills in private.

Back To Top