They Overturned Roe. Now They’re Fighting Abortion Pills. How Far is Alliance Defending Freedom Willing to Go?Anti-abortion activists pray in front of the Supreme Court on April 21, 2023, in Washington. Organized by The Stanton Public Policy Center's Purple Sash Revolution, the small group of demonstrators called on the court to affirm Federal District Court Judge Matthew Kacsmaryk's ruling that suspends the Food and Drug Administration's approval of the abortion pill mifepristone.
Would a ruling that the FDA violated the law by approving mifepristone result in the drug being removed from the market entirely? Or would it just result in additional restrictions?I understand that, but I’m talking about the part of your original lawsuit that the Supreme Court declined to hear, which was a challenge to the FDA’s overall approval of mifepristone.
What would that look like in practice, legally speaking? Is that a constitutional prohibition on abortion? Is it a federal abortion ban? In a more concrete sense, what is the objective of your legal strategy?. I think it’s important to go back to the reasons for that, because it wasn’t simply about abortion— it was about the United States Supreme Court creating a federal constitutional right that is nowhere in the Constitution or in our nation’s history.
Let me be even more clear. I am far more excited about having a culture where abortion is unthinkable than necessarily having one where it is not legal. Unthinkable means that we have fixed the social ills that are plaguing our society and we’re creating families and helping families to flourish. I think that’s equally important.
Where I’m making the distinction is on abortion and what abortion means. We’ve filed a number of cases — and I litigated a case for 10 years — involving the question of whether pharmacists need to dispense abortifacient drugs. That’s a critical issue in terms of whether the government can force health care practitioners to participate in the taking of human life. We will always defend the right of individuals and the right of conscience not to have to participate in the taking of human life.
It’s a very complicated area, and Alliance Defending Freedom doesn’t take a position on it — we just haven’t gotten into the intricacies of that. What we are committed to doing is ensuring that health care providers are protected, that their rights of conscience aren’t violated. And in the case of mifepristone, it’s no question that it is an abortifacient.
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