South Carolina Attorney General Alan Wilson has joined a 22-state coalition supporting a Louisiana lawsuit that challenges federal rules expanding access to abortion medications. The legal brief targets a Biden administration policy that allows these drugs to be distributed via mail and telehealth, even in states with restrictive abortion laws.
The coalition argues that the federal government’s actions infringe upon state sovereignty. By permitting the interstate mailing of chemical abortion drugs, the brief contends that the federal policy undermines the authority of states to enforce their own bans on the procedure.
The lawsuit specifically disputes a 2023 Food and Drug Administration (FDA) action that removed long-standing safeguards on mifepristone. This regulatory change allowed physicians in one state to prescribe abortion pills to patients in another via virtual consultations.
South Carolina’s friend-of-the-court brief asserts that this rule effectively allows states with permissive abortion laws, such as New York or California, to dictate policy for states that have chosen to protect unborn life. The brief argues that this contradicts the Supreme Court’s Dobbs decision, which returned the authority to regulate abortion to individual states.
Beyond the jurisdictional dispute, the brief outlines the potential strain the federal rule places on state-managed systems. It details concerns regarding increased pressure on local health infrastructures and Medicaid programs, suggesting that the influx of mail-order medications creates complications that the states must eventually manage.
The Nebraska-led brief includes support from attorneys general in 21 other states, including Georgia, Texas, and Mississippi. The plaintiffs are currently seeking an injunction in a Louisiana federal court to block the FDA rule while the case proceeds.
If the injunction is granted, it could halt the mail-order distribution of abortion pills nationwide, pending a final ruling on whether the FDA exceeded its authority by bypassing state-level prohibitions.
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