The suit “comes after General Bailey led a 20-state coalition in putting pharmacies on notice that to follow the FDA’s guidance would be unlawful,” his office said.
“Unelected federal bureaucrats do not have the statutory authority to approve the shipment of these dangerous chemical abortion drugs in the mail,” Bailey said in the announcement.
“The FDA’s guidance is not only unlawful but would cost the lives of both women and their unborn children,” he said. “I am proud to be leading a coalition of states to halt the FDA’s illegal federal overreach in its tracks.”
The FDA “failed America’s women and girls when it chose politics over science and approved risky, untested chemical abortion drugs for use in the United States,” the lawsuit argues, claiming further that the agency “has continued to fail them by turning a blind eye to these harms and repeatedly removing even the most basic precautionary requirements associated with the use of these risky drugs.”
Both Idaho and Kansas joined the lawsuit, Bailey’s office said.
The FDA told CNA via email on Wednesday that it “does not comment on possible, pending, or ongoing litigation.”
President Joe Biden had earlier in the year issued a memorandum directing federal agencies to support wider access to abortion pills. Biden’s memo came shortly after the FDA changed its guidance to allow any patient with a prescription to obtain mifepristone from her local retail pharmacy.
Bailey himself had previously been part of a coalition of 20 attorneys general that had warned pharmacy chains against fulfilling mail orders for abortion drugs within their states.