to Provide Abortion-Inducing Drugs

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In July 2022, the U.S. Department of Health and Human Services (?HHS?) issued guidance that pharmacies must provide abortion-inducing drugs to women seeking elective abortions in order to stay in compliance with the Biden Administration?s view of federal law. The guidance threatened that pharmacies not falling in lockstep with Biden?s pro-abortion agenda would face the loss of Medicaid and Medicare funds.?

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Although HHS is claiming that federal anti-discrimination law requires that every pharmacy in America be transformed into an abortion-on-demand clinic, this is patently false. Contrary to the Administration?s guidance, Title IX?s anti-discrimination protections have never been used to compel companies to provide abortions. Rather, these protections have cut in the opposite direction by prohibiting any person or entity from being compelled to aid in the provision of abortions.??

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Furthermore, the Supreme Court?s June 2022 Dobbs decision made clear that laws governing abortion are to be decided by state lawmakers, not the federal government. HHS?s guidance thus runs contrary to Dobbs by unlawfully preempting certain states? laws that bar pharmacies from supplying these abortion-inducing drugs.?

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?The Biden Administration knows that it has no legal authority to institute this radical abortion agenda, so now it?s trying to intimidate every pharmacy in America by threatening to withhold federal funds,? said Attorney General Paxton. ?It?s not going to work. Texas and several other states across the country have dutifully passed laws to protect the unborn, and we are not going to back down just because unelected bureaucrats in Washington want to create illegal, extremist federal policies.???