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Pharmacies sue Biden admin over abortion drug mandate

ADF attorneys available for media interviews following hearing Thursday
In a recent change, the FDA authorized chemical abortion drugs to be dispensed at corner pharmacies like CVS and Walgreens rather than by an abortion provider

WHO: Alliance Defending Freedom attorneys

WHAT: Available for media interviews following hearing in State of Texas and Mayo Pharmacy v. Becerra

WHEN: Immediately following hearing, which begins at 1:30 p.m. CDT, Thursday, June 29

WHERE: U.S. District Court for the Western District of Texas, Midland-Odessa Division, Courtroom 3, 200 E. Wall St., Midland.

MIDLAND, Texas – Alliance Defending Freedom attorneys representing a North Dakota pharmacy will be available for media interviews Thursday following oral arguments at the U.S. District Court for the Western District of Texas, Midland-Odessa Division, in State of Texas and Mayo Pharmacy v. Becerra.

In March, ADF attorneys added their client, Mayo Pharmacy—an independent pharmacy in Bismarck, North Dakota, run by Catholic pharmacist Kevin Martian, PharmD—to a lawsuit the state of Texas filed challenging the Biden administration’s attempt to require pharmacies that receive federal funding to dispense abortion-inducing drugs.

“Unelected bureaucrats shouldn’t be forcing Americans to dispense abortion-inducing drugs against their conscience. The Biden administration’s repeated attempts to impose a federal right to abortion continue to fail because that right has never existed—not to mention it’s illegal and directly conflicts with federal and state law,” said ADF Legal Counsel Andrea Dill, who will argue before the court on behalf of Mayo Pharmacy. “We are urging the court to affirm the interest states have in protecting unborn children and their mothers as well as the freedom of Americans to operate their business consistent with their faith.”

In July 2022, the U.S. Department of Health and Human Services issued a mandate that requires pharmacies that serve patients with Medicare, Medicaid, or other federally funded coverage to stock and dispense elective abortion drugs. The Biden administration threatens legal action against any pharmacy that does not comply, even if doing so violates their religious beliefs, as is the case of Mayo Pharmacy and its owner, Martian. In the amended complaint, ADF’s and Texas’ attorneys explain that the administration’s pharmacy mandate directly conflicts with multiple federal statues and Texas’ pro-life laws.

As a devout Catholic, Martian has operated his pharmacy in accordance with Catholic ethical and moral principles, including the teaching that human life begins at conception. As such, Mayo Pharmacy does not dispense drugs for abortion purposes; however, if the administration’s pharmacy mandate takes effect, the pharmacy will be forced to either stop serving customers who receive federal assistance or violate its religious beliefs.

ADF attorneys are also litigating with Texas in a separate case, where the state is challenging the Biden administration’s attempt to use federal law to force emergency room doctors to perform abortions, even if doing so violates their conscience or religious beliefs. In another lawsuit, ADF attorneys representing four medical associations and four doctors are suing the Food and Drug Administration for illegally approving chemical abortion drugs that harm women and girls.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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Andrea Dill
Andrea Dill
Legal Counsel
Andrea Dill serves as legal counsel for the Center for Christian Ministries at Alliance Defending Freedom.