Hawley seeks answers from Todd Blanche on abortion pill cases during attorney general confirmation process

2PE80CC Washington, United States. 15th Mar, 2023. U.S. Senator Josh Hawley (R-MO) speaks at a hearing of the Senate Homeland Security and Governmental Affairs Committee at the U.S. Capitol. Credit: SOPA Images Limited/Alamy Live News

Photo: Alamy

Acting Attorney General Todd Blanche is facing questions from pro-life advocates and Republican senators as he seeks confirmation to become the nation’s next attorney general.

Missouri Republican Sen. Josh Hawley indicated this week that Blanche’s handling of ongoing litigation involving the abortion pill mifepristone could affect his support for the nomination.

In an interview published Thursday by Politico, Hawley said he wants assurances that Blanche will eventually move to settle lawsuits filed by Republican-led states seeking to restrict access to mifepristone.

“It would be a shock to me if he says, No, we’re not going to do that,” Hawley said. “He’s been very, very good on pro-life issues, so I’m sure he’ll be good on this.”

Hawley added that he plans to question Blanche directly about the administration’s timeline and strategy regarding the cases.

The lawsuits, including litigation brought by Missouri and other states, challenge policies adopted by the Food and Drug Administration that expanded access to mifepristone through telehealth prescriptions and mail distribution.

The Trump administration has thus far urged courts to dismiss or pause the cases, arguing that the states lack legal standing and that the FDA should retain authority over drug regulation.

The administration’s position has highlighted a balancing act between maintaining federal control over pharmaceutical regulation while also appealing to anti-abortion advocates seeking tighter restrictions on the drug.

Blanche’s nomination already faces uncertainty on the Senate Judiciary Committee, where Republicans hold only a narrow majority. At least two Republican senators are viewed as possible swing votes, meaning a single GOP defection could stall the nomination before it reaches the Senate floor.

The legal battle over mifepristone has continued through several major court rulings in recent years.

In 2024, the Supreme Court of the United States unanimously dismissed a challenge brought by anti-abortion physicians, ruling they lacked standing to sue over FDA decisions involving the medication.

Since then, Republican-led states have pursued separate litigation aimed at limiting access to the drug, while courts continue to weigh who has the legal authority to challenge federal abortion policies. Most recently, the Supreme Court allowed a Louisiana-based challenge to mifepristone to proceed in lower courts.

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