Anti-abortion groups are trying to overturn the FDA’s approval of the abortion pill

The case: The ADF’s lawyers argue that the FDA overstepped its powers in approving the drug 22 years ago.

“The FDA’s approval of chemical abortion drugs has always stood on shaky legal and moral grounds, and after years of evading responsibility, it’s time the government did what it’s legally obligated to do: protect the health and safety of vulnerable girls and women to protect,” Alliance Defending Freedom Senior Counsel Erik Baptist said in a statement.

The background story: After the Supreme Court returned abortion rights to states in June, abortion pills, often prescribed via telemedicine, have become a way for people wanting to terminate their pregnancy in states with abortion bans or restrictions.

Last year, the FDA allowed doctors to prescribe mifepristone via telemedicine and send the pills through the mail.

Abortion rights advocates want the agency to claim that its drug approval decisions forestall state abortion bans and restrictions.

The Alliance Defending Freedom has been behind several major conservative legal efforts, including Masterpiece Cakeshop v. Colorado Civil Rights Commission in 2018. The Supreme Court ruled in favor of ADF’s client in that case, ruling in favor of a Christian baker who refused to serve a same-sex couple – albeit in a narrow judgment.

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