Advancing American Freedom led a coalition of 37 other amici filing an amicus brief in Missouri v. FDA, a case in which the state of Missouri and other pro-life states are challenging the Food and Drug Administration’s (FDA) loosening of the safety protocols for the chemical abortion drug mifepristone, the use of which accounts for 60% of all abortions today in the United States. Among the changes, as of 2021, the FDA allows abortionists to prescribe mifepristone without an in-person visit to the doctor, which has resulted in the illegal mailing of abortion drugs into pro-life states.
The Department of Justice, representing the FDA, argued, as it has before in similar cases, that the states lack standing to sue. Yet, dropping the in-person requirements to obtain mifepristone virtually guarantees repeated violations of pro-life state laws that ban or limit abortions.
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The Tenth Amendment reserves to the states the powers neither delegated to the Federal Government by the Constitution nor prohibited by it to the states. Among these reserved powers is the authority to enact and enforce laws prohibiting abortion; an authority Missouri first exercised 200 years ago. The Supreme Court said so itself in Dobbs v. Jackson Women’s Health Organization when it overturned Roe v. Wade. Advancing American Freedom once more urges the Court to defend the states’ ability to enact and enforce laws that protect women and the unborn.
“States’ pro-life laws protect both women and the unborn from the dangers of abortion. The abortionists’ campaign to frustrate the enforcement of state pro-life laws would not be possible had the FDA not dropped the in-person dispensing requirement for chemical abortion,” said AAF General Counsel J. Marc Wheat. “The pro-life states in this suit have standing to challenge the FDA’s action. This Court should deny Defendants’ motion to dismiss.”
