Washington, D.C. — Today, Congressman Andrew Clyde (GA-09) and Senator Marco Rubio (R-FL) sent a letter to the Government Accountability Office (GAO) Comptroller General Gene Dodaro urging the GAO to evaluate if the U.S. Food and Drug Administration’s (FDA) new mifepristone policy change is considered a “rule” and subject to congressional review under the Congressional Review Act.

 

On January 3, 2023, the FDA posted new guidance that allows pharmacies to distribute the chemical abortion pill mifepristone and remove the in-person distribution requirement. Data shows mifepristone is dangerous, which is why women using the drug to induce a chemical abortion were previously required to have medical supervision.

 

The lawmakers write: “The FDA’s update appears to prescribe detailed policy. For these reasons, we respectfully request a determination as to whether or not this ‘rule’ is applicable under the CRA.”

 

“The FDA's sweeping new policy that increases access to mifepristone is the latest attempt from the Biden Administration to weaponize federal agencies in order to advance the evils of abortion,” said Clyde. “If the GAO determines that the FDA's guidance actually constitutes a rule, it is incumbent upon Congress to protect the sanctity of human life by blocking this measure through the Congressional Review Act.”

 

Full text of the letter is available HERE.

 

Co-signers include: Senators Mike Braun (R-IN), Cindy Hyde-Smith (R-MS), Mike Lee (R-UT), Roger Marshall (R-KS), Rick Scott (R-FL), Thom Tillis (R-NC), Roger Wicker (R-MS), and Representatives Troy Balderson (OH-12), Jim Banks (IN-03), Andy Biggs (AZ-05), Mike Bost (IL-12), Josh Brecheen (OK-06), Ben Cline (VA-06), Jeff Duncan (SC-03), Mike Ezell (MS-04), Russ Fulcher (ID-21), Bob Good (VA-05), Lance Gooden (TX-05), Paul Gosar (AZ-09), Marjorie Taylor Greene (GA-14), Michael Guest (MS-03), Diana Harshbarger (TN-01), Bill Johnson (OH-06), Trent Kelly (MS-01), Doug Lamborn (CO-05), Debbie Lesko (AZ-08), Barry Loudermilk (GA-11), Mary Miller (IL-15), Alex Mooney (WV-02), Andy Ogles (TN-05), Chris Smith (NJ-04), Jeff Van Drew (NJ-02), Randy Weber (TX-14), and Daniel Webster (FL-11).