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Pharmacists File Lawsuit Against President Biden Over Alleged Abortion Pill Mandate

Image credit: Gage Skidmore

MIDLAND, TX. - In March, attorneys from Alliance Defending Freedom (ADF) included Mayo Pharmacy as a client in a lawsuit filed by the state of Texas. The lawsuit challenges the Biden Administration's alleged effort to mandate that pharmacies receiving federal funding must provide abortion-inducing drugs. Mayo Pharmacy is an independent pharmacy located in Bismarck, North Dakota, and is managed by Kevin Martian, PharmD, who is a Catholic pharmacist.

ADF Legal Counsel Andrea Dill says concerns have been raised about the involvement of unelected bureaucrats in mandating the dispensation of abortion-inducing drugs to individuals who may have conscientious objections. Dill further says she believes the Biden Administration's efforts to establish a federal right to abortion have been unsuccessful. She claims that this right does not currently exist and is in violation of both federal and state laws and that she will be presenting Mayo Pharmacy's case before the court. 

ADF is urging the court to acknowledge the importance that states place on protecting unborn children and their mothers, as well as the freedom of Americans to conduct their business in accordance with their religious beliefs.


In July 2022, the U.S. Department of Health and Human Services issued a mandate that requires pharmacies to stock and dispense elective abortion drugs for patients with Medicare, Medicaid, or other federally funded coverage. The Biden Administration has allegedly stated that pharmacies must comply with certain regulations, regardless of their religious beliefs. 

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Mayo Pharmacy, owned by Martian, is one such pharmacy that may face legal action if it chooses not to comply. In the amended complaint, the attorneys for ADF and Texas provide an explanation that highlights the alleged conflict between the administration's pharmacy mandate and various federal statutes, as well as Texas's pro-life laws.

Martian, a pharmacy owner, has chosen to align his business practices with Catholic ethical and moral principles, which include the belief that human life begins at conception. Mayo Pharmacy currently does not provide drugs for abortion purposes. However, if the pharmacy mandate implemented by the administration is enforced, Mayo Pharmacy may face a dilemma of either discontinuing service to customers who receive federal assistance or compromising its religious beliefs.

ADF attorneys are involved in litigation with Texas in another case as well. In this case, the state of Texas is challenging the Biden Administration's use of federal law to require emergency room doctors to perform abortions, even if it goes against their conscience or religious beliefs. 

In a third legal case, attorneys from ADF are also representing four medical associations and four doctors who filed a lawsuit against the Food and Drug Administration. They claim that the FDA unlawfully approved chemical abortion drugs that have negative effects on women and girls.

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