Twenty Republican state attorneys general have issued warnings to CVS and Walgreens, stating that they will take legal action if the drugstore chains continue to mail abortion pills within their jurisdictions. In letters to the two largest drugstore chains, the attorneys general emphasized their responsibility to uphold the law and protect the health, safety, and well-being of women and unborn children.
The FDA approved the use of mifepristone as a safe and effective method of terminating an early pregnancy over 20 years ago. After the FDA recently changed its rules to allow retail pharmacies to dispense the pill, CVS and Walgreens applied to become certified. However, Walgreens has stated that they may not be able to dispense the pill in all locations if certified.
The issue of mifepristone has become a central focus in the ongoing abortion debate, especially after the Supreme Court overturned Roe v. Wade last June. Some states have banned abortion, while others have restrictions on the pill that conflict with FDA regulations. The Biden administration recently issued a legal opinion stating that the Postal Service can mail the pill to banned states, as long as the sender does not intend to break the law.
However, the attorneys general dismissed the Justice Department’s opinion as “bizarre” and expect the courts to rule in their favor, stating that mifepristone cannot be sent by mail in their states. There are ongoing legal cases involving the FDA’s approval of mifepristone, including a lawsuit by anti-abortion physicians to ban the pill from the U.S. market. The letters to CVS and Walgreens were signed by the attorneys general of Missouri, Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.
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