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AG Kris Kobach joins coalition urging U.S. Supreme Court to reiterate people’s right to regulate abortion

KANSAS, April 18 - TOPEKA – (April 18, 2023) – Kansas Attorney General Kris Kobach today filed an amicus brief, along with 20 other attorneys general, urging the Supreme Court of the United States to reject the FDA's attempt to push a national mail-order abortion regime in violation of federal law, of state laws, and of the Court’s Dobbs opinion.

“The law is absolutely clear that the mailing of abortion pills is illegal. That law must be enforced,” Kobach said.

In the brief, the attorneys general write, "The day Dobbs was decided, President Biden directed his Administration to ensure that abortion drugs are 'as widely accessible as possible,' including 'through telehealth and sent by mail.'”

The attorneys general argue that FDA's efforts to impose a mail-order elective-abortion regime disregards the protections for life, health, and safety adopted by numerous States’ elected representatives.

The attorneys general continue, "The Administration claims that it has the power to make abortion drugs broadly accessible despite contrary determinations by States and despite laws that States have enacted to protect life, health, and safety in the use of those drugs...That claim is wrong."

The attorney generals conclude, "Given the absence of authority for the FDA to establish a mail-order abortion regime—and States’ retained authority to act, the public interest strongly weighs against the FDA’s effort to override duly enacted state laws. This too supports denying emergency relief."

A copy of the brief is available at https://bit.ly/40kCgbS.