South Carolina Attorney General Alan Wilson has joined 21 other states in supporting a legal challenge to a federal rule that allows abortion drugs to be sent through the mail and prescribed via telehealth. The case, led by Louisiana, contests a 2023 Food and Drug Administration (FDA) decision that removed previous restrictions on mifepristone, permitting doctors in one state to prescribe abortion pills for patients in another.
“This is about protecting life, but it’s also about state sovereignty,” Attorney General Wilson said. “What good does it do for one state to pass a law banning something, like chemical abortion drugs, if another state is still allowed to mail them into our state?”
The brief filed by South Carolina and other states argues that the FDA rule undermines laws passed in states seeking to restrict or ban access to chemical abortion drugs. It claims the federal action intrudes on the authority of states following the Supreme Court’s Dobbs decision.
According to South Carolina’s filing, allowing telehealth prescriptions across state lines could let states such as California and New York set abortion policies for others where such practices are prohibited. The brief also notes concerns about potential impacts on health systems and Medicaid programs.
The lawsuit seeks an injunction from a federal court in Louisiana to block the FDA rule. Other states joining South Carolina include Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah, West Virginia and Wyoming.
Alan Wilson has served as head of the South Carolina Attorney General’s office according to its official website. The office acts as the state’s primary legal advocate and enforcer—handling prosecutions and regulatory matters including consumer protection and securities enforcement—and works with law enforcement agencies statewide as described online. The Attorney General’s responsibilities extend throughout South Carolina and include support for crime victims.
