Attorney General Paxton has joined a Mississippi-led amicus brief in a case challenging reckless and illegal actions by the U.S. Food and Drug Administration (“FDA”) that expand access to abortion-inducing drugs being sent through the mail.  

Following President Biden’s directive, issued in the wake of the Supreme Court’s Dobbs decision, the FDA has opted to promote an extreme abortion agenda by ignoring federal law, which bars abortion drugs such as mifepristone from being sent through the mail. Compounding this violation of federal law is the fact that FDA’s approval of mifepristone contradicts the agency’s own regulations.   

In this instance, FDA is not acting to advance public health, protect women and the unborn, or stay in compliance with the law. Rather, it is attempting to fall in lockstep with the Biden Administration’s political agenda at the expense of the public interest.  

The amicus states: “In 2016, the FDA rolled back many safety requirements—allowing mifepristone to be prescribed later in pregnancy, by non-doctors, and with only one in-person visit. In 2021, the agency halted the remaining in-person dispensing requirements during the COVID-19 pandemic and later abandoned the requirements altogether. After decades of such efforts, the FDA now broadly condones a wide-ranging mail-order abortion-drug regime. Plaintiffs here have moved to preliminarily enjoin and set aside the FDA’s actions.” 

Paxton also recently sent a letter to the FDA criticizing the rule change.  

To read the full amicus brief, click here.