On January 3, 2023, the U.S. Food and Drug Administration (FDA) posted a new policy 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. 

U.S. Senator Marco Rubio (R-FL) and Representative Andrew Clyde (R-GA) sent a letter to Government Accountability Office (GAO) Comptroller General Gene Dodaro urging the GAO to evaluate if the FDA’s change in guidance is considered a “rule” and subject to Congressional review under the Congressional Review Act.

-“We write to seek your review of whether the January 2023 REMS Modification for mifepristone, issued by the FDA, constitutes a ‘rule’ for purposes of the Congressional Review Act (CRA).”

-“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. Please respond with your determination by February 14, 2023.”

Senators Cindy Hyde-Smith (R-MS), Mike Lee (R-UT), Thom Tillis (R-NC), Roger Marshall (R-KS), Mike Braun (R-IN), Rick Scott (R-FL), Roger Wicker (R-MS) and 27 members of the House also signed the letter.
 
Want more? The full text of the letter