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Dear Benjamin,
The U.S. Supreme Court decided unanimously in the case FDA vs. Alliance for Hippocratic Medicine that the case against the FDA lacked the legal threshold of standing. Their decision not to act highlights why it was so important for Louisiana to act decisively through ACT 246.
The opinion, authored by Justice Kavanaugh, concludes that disputes over government regulations should be left to the democratic process. The decision spotlights the need for states, through legislative and executive process, to act in protection of their citizens.
It is important to explain a few take-aways from the decision:
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The High Court did not address the merits of the case, that is, if the FDA followed the law by providing mail order abortions without further physician oversight.
- It would be erroneous for anyone, especially media outlets, to allege this a win for pro-abortion proponents. The concerns brought forth by pro-life doctors that the FDA acted recklessly still remain.
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The Supreme Court decision will have no bearing on our pro-life laws, specifically ACT 246, because Louisiana state law is not contingent on their decision. It is within a state's right to act and protect their citizens.
We are thankful that our elected officials worked prudently to protect women and girls from the unregulated access to illegal abortion pills. The issue ACT 246 addresses stems from the same root problem that the doctors in the FDA case wanted to address: the dangers of unregulated abortion pills.
After the release of the decision, our Attorney General Liz Murrill focused on the reckless actions of the FDA, saying, "Removing the in-person dispensing requirement puts women and girls at risk with no doctor-patient relationship. Women, hospitals and ER docs are left to deal with the damage. This is a dangerous political move by the Biden Administration and the FDA."
We remain confident that our state laws will help prevent predators, like sex-traffickers, abusive partners or abortion pill online businesses, from hurting Louisiana women and girls.
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