The Department of Health and Human Services on Tuesday overturned a Biden administration rule mandating that retail pharmacies receiving any federal funding had to carry and dispense mifepristone, misoprostol, and methotrexate — drugs used in medication abortions.
HHS’ Office for Civil Rights, which made the announcement in the Federal Register, said it was rescinding the guidance "to end the forced use of Federal taxpayer dollars to fund or promote elective abortion."
This action follows a shifting landscape in 2022–2024, where federal authorities and pharmacies navigated conflicting state bans on abortion access and disability rights concerns.
The Biden administration in 2023, following the Dobbs v. Jackson Women’s Health Organization decision, warned pharmacies not to discriminate against women who may seek reproductive health prescriptions, including some that might be involved in ending a pregnancy.
The agency noted that discrimination against people based on their pregnancy or related conditions would be a form of sex discrimination.
Dobbs v. Jackson overturned Roe v. Wade, eliminating the federal constitutional right to abortion and returning the authority to regulate or ban abortion to individual states, creating a patchwork of access across the country.
Major chains like CVS and Walgreens initially required certifications to dispense medication abortion but did so only in states where it was legal, citing state-level bans.
Anti-abortion litigators, including the Alliance Defending Freedom, challenged the Biden-era guidelines, arguing that they forced pharmacies to act against their conscience.
The updated guidance "still subjected pro-life pharmacies across the country to a looming threat from federal bureaucrats," Matt Bowman, senior counsel at Alliance Defending Freedom, said in a statement.
"Now, we are grateful to the current administration for eliminating the remnants of this Biden-era abortion mandate by repealing it entirely."
HHS said the 2023 update "can still be read as an effort to use taxpayer dollars to promote abortion and likely force pharmacists to participate in abortion even if doing so violated their convictions, which would be potentially against the law."
Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
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