South Dakota Attorney General Marty Jackley is part of a coalition of 22 Attorneys General who support a Louisiana lawsuit challenging a Biden-era rule that– despite contrary state laws– expanded access to abortion drugs through the mail and telehealth.
Louisiana’s lawsuit challenges a 2023 Food and Drug Administration action that removed long-standing safeguards on the chemical abortion drug mifepristone and allowed doctors in one state to prescribe abortion pills to patients in another. The Attorneys General argue that the rule unlawfully overrides state laws protecting unborn life and intrudes on states’ sovereign authority following the United States Supreme Court’s decision in Dobbs, reversing the right to an abortion.
Jackley said the Supreme Court has made it clear abortion laws are the authority of the states. He said, “These pills are dangerous to young girls and women. We must protect our citizens from misleading and harmful products.”
Along with Louisiana and South Dakota, the other states joining the brief are Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Utah, West Virginia and Wyoming.
The brief can be found here: https://ago.nebraska.gov/sites/default/files/doc/Louisiana%20v.%20FDA%20Draft%20Amicus%20Brief%20%28final%29.pdf.
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