Attorney General Marty Jackley has joined attorneys general from 22 other states in asking the U.S. Supreme Court to keep a lower court stay in place on a federal rule involving the abortion drug mifepristone.
The brief challenges a 2023 Food and Drug Administration rule that removed the requirement for the drug to be dispensed in person, allowing mifepristone to be shipped across state lines.
The states are backing a lawsuit filed by Louisiana against the FDA over that rule change. Nebraska is leading the filing, with more than 20 states signing on, including South Dakota’s neighboring states of North Dakota, Iowa, and Wyoming.
The case centers on whether the FDA exceeded its authority when it eased restrictions on how the drug can be distributed.
