Democratic AGs Take Action in Legal Fight on Abortion Medication

February 13, 2023

While Republican AGs Ask Court to Ban Abortion Pill

Washington, DC — State Attorneys General have taken sides in the case that could outlaw the abortion pill as soon as this month. On Friday, both Democratic AGs and Republican AGs submitted briefs in the case and the difference is clear: Republican AGs want to see medication abortion banned, while Democratic AGs will fight like hell to protect it.

A federal judge in Texas is set to rule on the case that could ban mifepristone — a safe and effective drug used in medication abortions, which accounts for more than half of abortions nationwide. As POLITICO reported, “Nearly two dozen Democratic attorneys general led by New York’s Tish James submitted a friend-of-the-court brief on Friday in a pending case that could outlaw access to abortion pills nationwide.”

The story continues, “They argued a ruling rescinding federal approval for mifepristone…would ‘drastically reduce access to safe abortion care and miscarriage management for millions of people’ in their states…In their Friday brief, the Democratic AGs say a ruling that blocks access to the pill, would ‘force millions to seek more invasive and expensive procedural abortions’ — putting it out of reach for low-income people or those who live far from a clinic.”

“Democratic AGs have cast themselves as the last lines of defense in a post-Roe America, a message that helped them win several close reelection fights and flip the Arizona AG seat in 2022.”


ABC News reported on the stark difference of the AGs arguments writing, “Dozens of states on Friday waded into a Texas lawsuit on the abortion pill, with Republican attorneys general calling for a nationwide ban on the drug even in states where it’s legal. Democrats said doing so would be a public health disaster.”


The Washington Post wrote, “Arguing for the Democratic attorneys general, James in a statement said that ‘decades of medical and clinical research have proven that medication abortion is safe.’”

CNBC further reported on Republicans attacking medication abortion access writing, “The FDA last month changed its regulations to allow certified retail pharmacies to dispense mifepristone. CVS and Walgreens, the nation’s two largest drugstore chains, have said they are getting certified to dispense the prescription medication in states where it’s legal to do so. Republican attorneys general have warned the companies against distributing the pill by mail in their states, indicating that they would take legal action.” 


NBC News added, “In its supporting brief on Friday, the Democratic attorneys general argued that reversing mifepristone’s approval would restrict abortion access nationwide and force patients to undergo surgical abortions — which are more invasive and often more expensive — or forgo an abortion entirely. The group also argued it would undermine ‘the integrity of the FDA-approval process.’”


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