Montana AG Knudsen backs Louisiana lawsuit against abortion drug rule

HELENA, Mont. – Montana Attorney General Austin Knudsen has joined a coalition of 21 state attorneys general supporting a Louisiana lawsuit challenging a Biden-era rule on abortion drugs.

The lawsuit targets a 2023 Food and Drug Administration (FDA) rule that expanded access to the abortion drug mifepristone through mail and telehealth, Knudsen said in a release.

The attorneys general argue this rule disregards the states' rights to regulate abortion, as granted in the Dobbs decision.

In an amicus brief filed in Louisiana v FDA, the attorneys general asked the United States District Court Western District of Louisiana to halt the FDA rule. The brief claims the rule violates states' rights by allowing doctors in one state to prescribe abortion pills to patients in another, undermining state laws.

Knudsen emphasized the importance of state sovereignty, stating, "The Supreme Court unequivocally held that 'the authority to regulate abortion must be returned to the people and their elected representatives.'"

The coalition argues that the rule harms states' sovereign interests by enabling states like California and New York to set abortion policy for pro-life states through telehealth prescriptions. This can lead to complications treated by states like Louisiana, costing taxpayers, Knudsen said.

The brief also notes that Louisiana taxpayers have already incurred costs of at least $92,000 due to the rule. A New York doctor can prescribe mifepristone to a Louisiana patient, and if complications arise, Louisiana's medical system must address them.