Opinion | Supreme Court likely will allow states to restrict abortion drugs WashTimesOpEd
of abortions now result from drugs rather than surgery, and legislators in states that oppose abortion are assessing whether they can restrict these chemical abortions.Under the 10th Amendment, states may exercise powers that are not delegated to the federal government or otherwise prohibited to the states. These reserved powers include what are often called a general “police power” to
“public safety, public health, morality, peace and quiet, [and] law and order.” They also include regulation of the medical profession.Yes, the federal Food and Drug Administration has concluded that the abortion drugsand misoprostol are “safe and effective” under certain conditions and can be marketed for sale and use. But federal agency approval does not necessarily trump state restrictions on abortion drugs, or “abortifacients.
The FDA’s approval simply means that a prescription drug may be marketed, not that it must be. There is a long-standing general presumption against federal preemption when state police powers are involved. The Supreme Court : “The historic police powers of the states are not superseded ‘unless that was the clear and manifest purpose of Congress.’”governing marketing and approval of pharmaceuticals such as abortion drugs, congressional intent to override state authority was neither clear nor manifest.
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