Wilson, on the other hand, questioned whether the FDA considered that by relaxing personal requirements, the drug could cross state lines and be prescribed from California to Mississippi. Elrod also questioned whether mailing the drug could violate state laws.
“Relevant, isn’t it, if the injunction is necessary or not, because if it violated other laws… then we have to decide if it is appropriate to enter an injunction or not. And that’s one of the factors we would consider,” he said.
Erin Hawley, senior counsel for the Alliance Defending Freedom, refuted the government’s argument that the plaintiffs were not harmed by drug approvals and regulations.
Hawley pointed to language in court documents that said one of the doctors “took care” of the patients, meaning he was personally affected by the completion of the unfinished abortion.
“If we go by his words, that last phrase guarantees that he did it himself. He doesn’t know what the methods involve if he’s just talking about a partner,” he said.