The state’s motion, filed December 17 in U.S. District Court, challenges the 2023 Risk Evaluation and Mitigation Strategy rule from the Food and Drug Administration, which allows remote prescription and mailing of the abortion drug mifepristone. A hearing on the request to restore the in-person safeguard is set for February 24.
“Congress prohibits the use of ‘any express company or other common carrier or interactive computer service’ for ‘any drug, medicine, article, or thing designed, adapted, or intended for producing abortion,” the motion states. “Because a federal agency cannot permit what federal law expressly prohibits, FDA lacked authority to permanently remove the in-person dispensing requirement.” …
