A group of Democratic attorneys general filed a lawsuit Friday to force the Food and Drug Administration to drop its remaining restrictions on the abortion pill mifepristone.
In the suit led by Washington Attorney General Bob Ferguson and Oregon Attorney General Ellen Rosenblum, the AGs argue mifepristone is "safer than Tylenol" and that remaining impediments to obtaining it are unconstitutional.
"In this time when reproductive health care is under attack, our coalition of 12 states seeks to ensure that access to Mifepristone — the predominant method of safe and effective abortion in the U.S. — is not unduly restricted. Our coalition stands by our belief that abortion is health care, and health care is a human right," Rosenbaum stated.
The federal prosecutors also requested that the court prevent the FDA from taking any action that would remove or reduce the availability of mifepristone, a drug used in combination with misoprostol for medical abortions.
Ferguson and Rosenblum were joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Illinois, Michigan, Nevada, New Mexico, Rhode Island, and Vermont in the lawsuit, which was filed in U.S. District Court for the Eastern District of Washington.
The action comes amid a legal war on mifepristone between pro-life and pro-choice elected officials, nonprofit groups, and judicial appointees following the Supreme Court's Dobbs v. Jackson Women's Health Organization decision in June.
On Tuesday, West Virginia Attorney General Patrick Morrisey urged a federal district judge to dismiss GenBioPro's lawsuit seeking to invalidate the state's restrictions on obtaining the abortion pill.
The pharmaceutical company, which manufactures mifepristone, argued that West Virginia has failed to comply with new FDA policy permitting the drug's prescription through online doctor appointments.
"Congress did not silently cede this vast area of historically state regulation to the FDA," Morrisey said in his filing, arguing that the FDA could not regulate medical abortion policies.
"West Virginia retains the police power to regulate how drugs may be prescribed and dispensed by medical professionals," he added.
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