Montgomery, AL – Alabama has joined a coalition of 21 states in filing a legal brief supporting Louisiana’s lawsuit challenging a federal rule that expanded access to abortion medication through telehealth and mail distribution.
The case centers on a 2023 action by the U.S. Food and Drug Administration (FDA) that removed certain longstanding restrictions on the abortion drug mifepristone. The rule allows certified healthcare providers to prescribe the medication via telehealth and permits pharmacies to dispense and ship the drug across state lines, including to states with laws that restrict or prohibit abortion.
The multistate brief argues that the FDA’s changes conflict with state laws regulating abortion and exceed federal authority following the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which returned primary authority over abortion policy to individual states.
Alabama Attorney General Steve Marshall said the rule undermines state sovereignty and existing state laws related to abortion. “This rule is unlawful, plain and simple,” Marshall said in a statement. “The Biden FDA eliminated critical safety safeguards, authorized the mailing of abortion drugs in direct conflict with federal law, and empowered out-of-state providers to violate the laws of pro-life States. After Dobbs returned abortion policy to the States, the Biden administration attempted to override that decision through executive action. We are standing with Louisiana to defend state sovereignty, enforce the law, and protect unborn life.”
According to the brief, the states contend that the FDA’s rule allows providers in states where abortion remains legal to prescribe medication abortion to patients in states where it is restricted, potentially overriding local laws. The filing also raises concerns about the impact on state healthcare systems and Medicaid programs, arguing that expanded access to abortion medication could create additional regulatory and financial burdens for states.
Louisiana and the supporting states are seeking an injunction in federal court to block the FDA rule while litigation proceeds. The case is currently pending in a federal court in Louisiana.
The brief was led by Nebraska and joined by the attorneys general of Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming.
Supporters of the FDA rule, including abortion rights advocates and some medical organizations, have argued in similar cases that expanded telehealth access to medication abortion improves access to care and aligns with current medical standards. They contend that federal regulation of medications falls within the FDA’s authority.
The outcome of the Louisiana case could influence how federal and state abortion regulations interact in the wake of the Dobbs decision.
