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BREAKING: THE GOP’S NEW LAWSUIT AGAINST MIFEPRISTONE  
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Jessica Valenti
October 16, 2024
Abortion, Every Day
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_ With just weeks before the presidential election, three
Republican-led states have quietly filed an amended complaint against
the FDA in the hopes of rolling back access to mifepristone across the
country. _

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The new filing from the Attorneys General of Kansas, Missouri, and
Idaho seeks to make the abortion medication illegal for minors
entirely, and targets shield state abortion providers who’ve been
shipping abortion medication to patients in states with bans. The
complaint argues that the FDA “unlawfully removed its prohibition
against mailing abortion drugs,” enabling “a 50-state abortion
drug mailing economy, undermining state abortion laws.” 

IN OTHER WORDS, THEY’RE INVOKING THE COMSTOCK ACT and hoping to
stop the mailing of abortion medication—which has been a saving
grace for patients in anti-abortion states. (Tele-health now
accounts for nearly 1 in 5 abortions
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And remember, while the case was brought by three specific states, a
ruling would impact the entire country—even pro-choice states.

_Abortion, Every Day_ will be publishing an in-depth breakdown of the
amended complaint shortly, but here’s what’s most important to
know: The suit seeks to REVERSE DECISIONS ALLOWING ABORTION
MEDICATION TO BE MAILED; REVOKE MIFEPRISTONE ACCESS TO MINORS
ENTIRELY; and RESTORE PRE-2016 RULES ON MIFEPRISTONE, which would
rollback how far into pregnancy the pills can be used, limit who can
prescribe the medication, and restore requirements for in-person
visits. 

The Republican AGs also accuse the Biden administration of using the
FDA’s regulations on abortion medication to get around state bans;
claim abortion medication is dangerous using data from ‘studies’
that have been debunked and retracted; and argue that the states are
suffering harm because they’ve been left to care for the women hurt
by abortion medication. 

 

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State of Missouri; State of Kansas; State of Idaho vs U.S. Food and
Drug Administration
Click here to Download
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We knew [[link removed]] this
complaint was coming. After the Supreme Court ruled
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a suit brought by different plaintiffs—a group of anti-abortion
doctors—lacked the standing to challenge the FDA on mifepristone,
conservatives made clear they’d be moving forward with other
plaintiffs. What’s more, because SCOTUS didn’t judge their
arguments on the merits (just standing), that June ruling gave
anti-abortion groups a better sense of what the justices are looking
for. 

As law professor Mary Ziegler pointed out
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“One could read parts of this opinion as creating a roadmap to
future plaintiffs who *do* want to establish standing.”

The timing of this, though, is interesting: Republicans have been
working hard to avoid talking about abortion in these last weeks
before the election. They know that Americans are furious over
abortion bans, and that the GOP has been losing elections because of
that post-Roe fury.

I wonder if that’s part of the reason that none of the AGs have put
out a press release about their amended complaint. I’m sure
they’re not eager to alert the masses that they’re seeking to
institute a back-door national ban
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close to November.

Keep an eye on your inbox for a deep dive into the complaint—I’ve
been combing through it, and you’re going to be gobsmacked by some
of their arguments_._

_[JESSICA VALENTI is the author of eight books, including her latest
Abortion
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and the New York Times bestseller Sex Object: A Memoir
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Her groundbreaking anthology, Yes Means Yes: Visions of Female Sexual
Power and a World Without Rape
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legislation of the same name, setting what’s now considered the gold
standard for sexual consent. _

_Jessica has also been credited with sparking feminism’s online wave
by founding the trailblazing blog Feministing. She’s been a
columnist for The Guardian and The Nation, and her writing has been
published everywhere from The New York Times and The Atlantic to Bitch
magazine and The Toast. After the demise of Roe, Jessica founded
Abortion, Every Day, an urgent synthesis of anything and everything
happening with abortion rights in the United States, published on
Substack.]_

_Abortion, Every Day [[link removed]] is a
reader-supported publication. If you appreciate all the hard work that
goes into getting you the latest and most comprehensive abortion news,
please consider supporting the newsletter with a paid subscription. _
 

* Mifepristone
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* abortion rights
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* abortion restrictions
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* abortion
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* Women
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* war on women
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* 2024 Elections
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* MAGA
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* State rights
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* abortion medication
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* Healthcare
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* Minors
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* youth
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* Dobbs v. Jackson
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* abortion drugs
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* Comstock Act
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