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Biden’s FDA Can’t Get Its Story Straight On Who Can Sue Over Abortion Rules

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Americans should be alarmed by the Biden administration’s aggressive attempts to roll back pro-life protections for women and children while ignoring the plethora of dangers associated with chemical abortion — which accounted for 642,700 abortions in 2023, the first full year after the Dobbs decision.   

This trend is not only ethically disturbing but highly troubling from a medical perspective. Thankfully, a group of doctors and medical associations has sued the Biden FDA for its hasty decision to lift safety regulations related to chemical abortion drugs in one of the first cases since the Supreme Court overturned Roe v. Wade. The court is expected to release a decision in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine this summer. 

And despite the argument by some that the plaintiffs lack standing — which is no surprise given the no-holds-barred approach to abortion-on-demand from the media and Biden administration — there are compelling reasons for the court to hear them out. 

Unable to get the FDA’s attention with citizen petitions sounding the alarm on the increasing dangers to women of chemical abortion drugs, four national medical associations and four individual doctors experienced in caring for pregnant and post-abortive patients sued the FDA. Federal district court Judge Matthew Kacsmaryk agreed with the doctors, ruling that when the FDA eased requirements for prescribing the drugs its actions were unlawful under the Administrative Procedure Act. This ruling was subsequently affirmed by a panel of the Fifth Circuit Court of Appeals.

Predictably, the Biden administration petitioned the Supreme Court for review. Its main claim

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