Texas is trying to block a federal rule that mandates pharmacies to fill prescriptions for abortion drugs. The state filed a lawsuit against the Biden administration on Tuesday after it issued a rule in July directing about 60,000 pharmacies across the country to fill prescriptions that could be used to carry out abortions.
— Frank Pavone (@frfrankpavone) February 9, 2023
Any pharmacies that refuse to abide by the rule are said to be in violation of federal law, regardless of various state bans.
The lawsuit was filed against the U.S. Department of Health and Human Services in the Western District of Texas Midland Division. Attorney General Ken Paxton (R-TX), who filed the suit, said that the Biden administration went beyond its jurisdiction by instituting the rule.
According to him, the rule has no place after the Supreme Court’s decision to overturn the Roe. v. Wade ruling that made abortions legal nationwide.
The ruling took power regarding abortion laws from the federal government and gave it to the state. Now, Paxton argues that forcing pharmacies to provide abortion drugs puts them in a tight corner to violate state law as some states restrict the sale of medication abortion.
Paxton said in a statement that the July rule is a ploy by the Biden Administration to sidestep the law and force pharmacies into its illegal abortion-for-all agenda.
“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. It’s not going to work,’ he stated.
“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,” Paxton added.
The Biden Administration seems relentless in its efforts to push pro-abortion policies. In January, the Food and Drug Administration allowed retail pharmacies such as Walgreens and CVS to offer abortion pills such as mifepristone. However, a group of 20 state attorneys general managed to stop that from happening – at least, for now.
In a letter to Walgreens and CVS, the group led by Andrew Bailey (R-MO) warned that the pharmacies would be acting in violation of some state laws if they provided mifepristone. It is unlikely that the letter changed the companies’ minds as the two have expressed intentions to acquire certification to dispense the drug in states where abortion is legal.