On Nov. 6, three statesIdaho, Kansas and Missourisued the Food and Drug Administration (FDA) and Department of Health and Senior Services for approving the abortion pill mifepristone and allowing its sale and shipment to patients nationwide, including to states that have banned abortion, Courthouse News reported.
In their complaint, Republican attorneys general representing those states rely on what they call precedent in the Texas-based case Alliance for Hippocratic Medicine v. FDA. In that case, a Donald Trump-appointed federal judge granted a preliminary injunction in favor of the plaintiffs, suggesting the FDA's initial approval of the drug more than two decades ago was based on political pressure.
In a subsequent emergency appeal, the U.S. Supreme Court stayed the injunction pending further proceedings, saying the plaintiffs had not proven they were sufficiently harmed.
Among other things, the states claim they have experienced direct economic injury including higher public insurance costs as well as additional costs to public hospitals and mental-health care.
The FDA considers mifepristone "safe when used as indicated and directed" and when used with a risk-evaluation program. The American Medical Associationwhich filed a brief in support of the FDA in the casesays the drug has a "stellar safety record" like over-the-counter drugs such as ibuprofen and acetaminophen.
Andrew Davis