Merrick Garland's mention of the FDA suggests one possible way to combat abortion drug restrictions

Odefeated the national right to abortion, Attorney General Merrick Garland Issued a Declaring StatementThe Justice Department disagrees with this rulingIn addition to vowing to "work tirelessly to protect and advance reproductive freedom," abortion Showed the potential path of a court battle over the rights of.

"[W] e is ready to work with other federal departments seeking to use legitimate authorities to protect and maintain access to assisted reproductive technology." He said. "In particular, the FDA has approved the use of a drug called mifepristone. The state bans mifepristone based on inconsistencies with FDA experts' judgments regarding the safety and efficacy of mifepristone. You can't. "

Mifepristone is approved by the US Food and Drug Administration (FDA). In 20 years, it is allowed to be used for the first 10 weeks of pregnancy. It is taken in a regimen with the drug misoprostol, and the two drugs together can safely induce an abortion. More than half of abortions in the United States are drug-induced abortions.

Until recently, mifepristone had to be dispensed directly, but in December the FDA abolished this requirement and began prescribing and mailing it in telemedicine. This change increased access to drugs, butthere was also a push to reduce itFor example, in September Governor of Texas Greg Abbott signed SB4, and seven weeks later {38. } Banned drugs that induce abortionand banned them from being mailed in the state. At least19 states have banned the use of telemedicine visits for drug abortions, despite FDA approvals.

Read more:What you need to know about post-bortion abortion drugs

Garland's FDA The drug mentioned for approval is in favor of thefederal abortion debate, says Rachel Lebouche, Interim Dean of the Temple University Beasley Law School. The argument is based on the premise that federal law takes precedence in the event of conflict between federal and state law. In this case, it means that the federal FDA's safety and efficacy decisions take precedence over the state's stricter restrictions on specific drugs.

However, it's clear that the state can't legalize drugs that aren't approved by the FDA, explains Glia Donley, an assistant professor at the University of Pittsburgh Law School. The legal issue here is in the opposite scenario. "The argument is that Mifepristone's FDA regulations aren't just for universally accepted national floors," says Donley. "The question is whether FDA regulations are also a national cap. Can states regulate drugs more tightly than the federal government?"

If the court decides on FDA regulation,is the national It's a cap and no state can regulate drugs Strictly speaking, even states where abortion is banned throughout the state, according to theGuttmacher Institute, 26 states Is likely or certain to ban abortion withoutRoe. An exception to medical abortion must be made.

So Donley was pleased to hear that Garland and President Joe Biden referred to Mifepristonein their response to theDobbsdecision. rice field. "It shows that they are aware of the theory and support it," says Donley. "The question is whether they actually move forward and file proceedings, and whether they support these proceedings."

Read more:What the Supreme Court's decision on pregnancy abortion means for your state

Medical pregnancy abortion isa national court for pregnancy abortion rights The next frontier of the struggle. GenBioPro, a generic manufacturer of Mifepristone, has already filed a proceeding in a federal court proceeding against Mississippi for a ban on telemedicine for abortion. Earlier this month, the judge said he would wait for the Supreme Court to make aDobbsdecision before deciding how to proceed.

Rebouché says whether more people are paying attention to mifepristone and the state can legally ban the use of abortion drugs now thatRoehas officially collapsed. He said he hopes to pay attention to the problem. "Drug abortion will occupy much of our thinking, time and advocacy on both sides of the problem," Rebouché adds. "I think a lot of people think that it's a pretty important aspect of how abortion services actually look like they're moving forward."

Julia Zorthian (julia.zorthian@time.com)