Republican AG warns Walgreens and CVS about distributing abortion pills

Feb. 1 (UPI) — Twenty Republican attorneys general warn Walgreens and CVS they will face consequences if US drug giants distribute mail-order abortion pills in their states, saying it’s a violation of federal law despite says the Biden administration. .

Conservative officials said that, led by Missouri Attorney General Andrew Bailey in letters two companies on Wednesday that “their announced plan to use the mail to distribute abortion pills is unsafe and illegal.”

“Our responsibility as state attorneys general is to uphold the law and protect the health, safety and well-being of women and unborn children in our states,” the coalition said. “Part of that responsibility includes making sure companies like yours are fully informed about the law so our citizens don’t get hurt.”

The letters come after Walgreens and CVS recently announced plans to offer mail-order abortion pills if allowed by law, after the U.S. Postal Service was told by the Department of Justice in December that it was legal.

The USPS has asked the Department of Justice for its opinion on whether mailing the abortion drugs mifepristone and misoprostol is legal after the conservative Supreme Court overturned Roe v. Wade in June, which granted federal protection to abortion.

Ministry of Justice said The Comstock Act of 1873, and in particular Section 1461, which makes it illegal to mail abortion drugs and devices, does not prohibit the mailing of such drugs “unless the sender has the intention that the recipient of the drugs will use them unlawfully.” “

The federal prosecutor’s office said that this interpretation of the law, which was originally intended to criminalize the mailing of so-called obscene and obscene material, was “well-established” and has been supported by Congress on several occasions.

However, on Wednesday, the attorney general told pharmacies they “reject the Biden administration’s odd interpretation of the law” “and we expect the courts to do the same.”

“The courts do not ignore the plain text of laws,” the coalition said. “And the consequences of accepting the Biden administration’s interpretation could come much sooner.

“Section 1461 can be enforced not only by the US Attorney General, but through civil lawsuits by state attorneys general and individuals.”

Elected officials added that many state laws also prohibit the use of mail to deliver abortion drugs.

The letters were signed by the attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.

Both Walgreens and CVS asked for comment.

Two companies before said they intend to seek certification for mail-order abortion pills after the U.S. Food and Drug Administration updated a rule earlier this year to allow pharmacies to stock and dispense abortion pills to pregnant women through 10 weeks of pregnancy on prescription .

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