For Immediate Release:
February 13, 2026
For press inquiries only, contact:
Amanda Priest (334) 322-5694
William Califf (334) 604-3230
(Montgomery, Ala) – Alabama today joined 21 States in filing a brief in support of Louisiana’s lawsuit challenging a Biden-era rule that expanded access to abortion drugs through mail and telehealth, despite contrary state laws.
The case challenges a 2023 Food and Drug Administration action that removed long-standing safeguards on the chemical abortion drug mifepristone and allowed doctors in one State to prescribe abortion pills to patients in another. The States’ brief argues that the rule unlawfully overrides state laws protecting unborn life and intrudes on States’ sovereign authority following the Supreme Court’s decision in Dobbs.
“This rule is unlawful, plain and simple,” Attorney General Marshall said. “The Biden FDA eliminated critical safety safeguards, authorized the mailing of abortion drugs in direct conflict with federal law, and empowered out-of-state providers to violate the laws of pro-life States. After Dobbs returned abortion policy to the States, the Biden administration attempted to override that decision through executive action. We are standing with Louisiana to defend state sovereignty, enforce the law, and protect unborn life.”
The multistate brief explains that the Biden-era rule effectively permits States like California and New York to set abortion policy for pro-life States by enabling telehealth prescriptions that state law prohibits. It also details the real-world consequences of the rule, including increased strain on state health systems and Medicaid programs. The case is pending in federal court in Louisiana, where the plaintiffs are seeking an injunction to block the FDA rule.
The brief was led by Nebraska and joined by the Attorneys General of Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming.
You can read the full brief here.
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