Attorney General Merrick Garland said in a statement Friday, following the Supreme Court’s decision to dismiss Roe v. Wade, that states cannot ban mifepristone, a drug used to cause an abortion, based on a disagreement with the federal government over its safety and effectiveness.
Why it’s important: With Roe overturned, prescription drugs that terminate the pregnancy are likely to become the next big dispute between abortion rights activists and abortion rights opponents.
How it works: Mifepristone and misoprostol have been approved by the Food and Drug Administration for use during the first 10 weeks of pregnancy.
- In December, the agency lifted long-standing restrictions on mifepristone, allowing doctors to prescribe the drug online and mail it to patients.
- Misoprostol was available with a prescription prior to the FDA decision.
Despite the changes, many states have moved to make it illegal for doctors to mail medications.
- For example, Louisiana Gov. John Bel Edwards (D) signed a law in June that outlawed the sending of abortion pills by mail, punishable by up to five years in prison and a $ 50,000 fine.
What they are saying: “The Department strongly supports Congressional efforts to codify the reproductive rights of Americans, which retains the authority to do so. We also support other legislative efforts to ensure access to comprehensive reproductive services.” Garland said in the statement Friday. .
- “And we are prepared to work with other arms of the federal government that seek to use their legal authorities to protect and preserve access to reproductive care,” he added.
- “In particular, the FDA has approved the use of the Mifepristone medication. States cannot ban Mifepristone for disagreeing with the FDA’s expert judgment on its safety and effectiveness.”
Yes, but it is far from an established law as to whether states can ban pills, and the issue is likely to have to be litigated in court, although there are really no clear precedents, according to Washington Post.
Deepen: Pills are the next big battleground for abortion