Acting Attorney General Todd Blanche has the power to immediately end Biden’s illegal mail-order abortion drug regime — but so far, he hasn’t used it.
A lawsuit brought by Louisiana and survivors of Biden’s abortion-drug rules seeks to reverse the rule changes allowing abortion drugs to be prescribed over the internet without an in-person medical exam. The Department of Justice doesn’t even contest the core argument: the Biden rules violated the Administrative Procedure Act and are unlawful.
According to court findings, the administration has basically admitted as much already.
The Biden rules have already facilitated hundreds of thousands of babies killed illegally in pro-life states, with more every single month.
Since both sides appear to agree on the merits, Blanche could resolve the problem immediately by settling the case and agreeing to a court-ordered consent decree. Instead, the DOJ is arguing that even if the Biden rules are illegal, they should stay in place because the FDA’s safety review is still ongoing.
That argument makes no sense.
The FDA’s study is meant to inform future regulations and help the agency make medical judgments. But whether the pre-existing Biden rules violate the Administrative Procedure Act is a legal question — it doesn’t need a study to back it up.
The fact that the FDA needs a study now only proves why the Biden rules were illegal in the first place. Biden’s FDA didn’t do any serious study before changing the in-person dispensing rules. Courts have found that the medical arguments the agency offered gave no adequate support for the changes.
The DOJ is applying a double standard: a high bar for Trump and pro-life states to clear, and a low bar for Biden and the abortion industry.
Sen. Josh Hawley clearly understands the stakes. He has called on Blanche to settle the case immediately. Other pro-life senators should join him.
More than 70 percent of the country supports the pre-Biden requirement for in-person dispensing of abortion drugs.
Every single Republican senator on the Judiciary Committee represents a state whose laws are being undermined by the internet-dispensing regime Biden allowed. The attorneys general of all but one of those states have asked for the Biden rule to be immediately paused while the FDA’s study continues.
The decision about whether to do so rests in Blanche’s hands.
The Biden rules have facilitated illegal activity in pro-life states every month. More cases of coercion, abuse, and violence toward women continually come to light. Whether we keep these rules in place has a real and immediate effect.
There’s no legal reason to keep the Biden rules in place. There’s no scientific reason. There’s no political reason either — more than 70 percent of Americans support the pre-Biden in-person requirement.
The only thing left is for the Department of Justice to correct the record and restore the regulation to the pre-Biden status quo, as the law requires.
Pro-life senators should urge Blanche to act now.
