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Court Allows Lawsuit Against Administration’s Abortion Pill Pharmacy Mandate to Proceed

Christian-Owned Pharmacy’s Lawsuit Against Abortion Pill Mandate Moves Forward in Federal Court

A federal court in the U.S. has ruled in favor of a North Dakota pharmacy, allowing them to continue their legal challenge against the administration’s mandate requiring pharmacies receiving federal funds to provide abortion pills. Mayo Pharmacy, an independent pharmacy in Bismarck run by Catholic pharmacist Kevin Martian, has teamed up with the state of Texas in this fight, supported by Alliance Defending Freedom (ADF).

Operating in accordance with Catholic ethical principles, Martian’s pharmacy does not dispense drugs for abortion purposes. However, the administration’s mandate attempts to force Mayo Pharmacy to either violate its religious beliefs or cease serving customers who rely on federal assistance.

The Department of Health and Human Services (HHS) intensified its pro-abortion stance following the U.S. Supreme Court’s Dobbs decision in 2022. HHS interpreted federal civil rights law to compel 60,000 retail pharmacies accepting Medicare and Medicaid payments to provide the abortion pill. ADF highlights the irony of using a law intended to protect vulnerable individuals from discrimination for promoting abortion, which targets the most vulnerable: preborn babies.

ADF’s Legal Counsel Andrea Dill, who represented Mayo Pharmacy in court, denounced the actions of unelected bureaucrats forcing Americans to dispense abortion-inducing drugs against their conscience. The Biden administration’s attempts to establish a federal right to abortion have consistently failed, as such a right does not exist and conflicts with both federal and state laws.

Recently, Judge David Counts of the U.S. District Court for the Western District of Texas rejected the administration’s attempt to dismiss the case. He strongly criticized HHS for attempting to evade judicial review and noted their intention to find non-legislative ways around Supreme Court directives. Judge Counts called out HHS for claiming that its guidance primarily pertains to non-abortion treatments like rheumatoid arthritis when its title clearly emphasizes comprehensive reproductive health care services.

By upholding the pharmacy’s right to challenge the mandate and expressing skepticism about HHS’ claims, Judge Counts has stood against the unconstitutional overreach of the executive branch. This courageous stance protects the conscience rights of individuals like Kevin Martian and ultimately defends the lives of preborn babies.



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