AG Garland says states can’t ban FDA-approved abortion pills

Attorney General Merrick Garland said in a statement Friday, in the wake of the Supreme Court’s decision to overturn Roe v. Wade, that states cannot ban mifepristone, a medication that is used to bring about an abortion, based on disagreement with the federal government on its safety and efficacy.

The US Food and Drug Administration had already ruled on the pill’s “safety and efficacy,” and that decision could not be overturned by states seeking to limit access to abortion, he said.

Garland’s comments came moments after the US Supreme Court handed down a decision overturning Roe, which will now be decided at state level.

“[W]e stand ready to work with other arms of the federal government that seek to use their lawful authorities to protect and preserve access to reproductive care,” he said. “In particular, the FDA has approved the use of the medication Mifepristone. States may not ban Mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy.”

“Women who reside in states that have banned access to comprehensive reproductive care must remain free to seek that care in states where it is legal. Moreover, under fundamental First Amendment principles, individuals must remain free to inform and counsel each other about the reproductive care that is available in other states,” Garland went onto say.

Until recently, mifepristone had to be dispensed in person, but in December the FDA removed this requirement, allowing the drug to be prescribed via telehealth and shipped by mail. Previously, the Supreme Court voted to ban the abortion pill from mail delivery.

One major manufacturer of mifepristone pills, Danco Labs, said the company was “prepared for any surge” in orders following the Supreme Court decision. “Our supply is stable and plentiful,” a spokesperson said, according to ABC.