Mike Hilgers

Nebraska Attorney General

Attorney General Hilgers Urges U.S. Supreme Court to Protect States’ Right to Regulate Abortion

Attorney General Hilgers filed an amicus brief today along with 20 other Attorneys General urging the U.S. Supreme Court to reject the FDA’s attempt to loosen patient-safety requirements while pushing a national mail-order abortion regime in violation of federal and state law. 
“The Biden Administration’s efforts to facilitate abortion-by-mail endanger women and violate federal and state law. We will continue to protect the rights of the unborn in Nebraska and protect patient safety.” 
Attorney General Hilgers’s amicus brief supports the plaintiffs in Alliance for Hippocratic Medicine v. U.S. Food & Drug Administration, No. 22A901, 22A902 (U.S.). In the district court, plaintiffs won a preliminary injunction against the FDA’s approval of mifepristone, a chemical abortion drug. The U.S. Court of Appeals for the Fifth Circuit partially stayed the district court’s order pending appeal. 
Mifepristone carries serious safety risks, including the risk of incomplete abortions and severe bleeding requiring surgery. Because of those risks, for well over a decade the FDA has required providers to dispense mifepristone in person. The Biden Administration’s decision to remove that requirement endangers women and defies federal and state laws prohibiting the use of mail for shipping abortion-producing drugs. 
A copy of the amicus brief is available here.