A U.S. federal court has ruled that a North Dakota pharmacy can continue its lawsuit against the administration for mandating that pharmacies receiving federal funds provide the abortion pill.

According to Alliance Defending Freedom (ADF), Mayo Pharmacy is an independent pharmacy in Bismarck, North Dakota, run by Catholic pharmacist Kevin Martian. Mayo Pharmacy has joined forces with the state of Texas to challenge the administration’s mandate.

ADF explains that Martian operates his pharmacy in accordance with Catholic ethical and moral principles. This includes the scientific and religious conviction that human life begins at conception.

“As such, Mayo Pharmacy does not dispense drugs for abortion purposes; however, the administration’s pharmacy mandate is attempting to force the pharmacy to either stop serving customers who receive federal assistance or violate its religious beliefs,” ADF notes.

In 2022, as a result of the U.S. Supreme Court’s Dobbs decision, the Department of Health and Human Services (HHS) continued its pro-abortion push full throttle by demanding that 60,000 retail pharmacies, according to HHS’ interpretation of federal civil rights law, must provide the abortion pill if they accept Medicare and Medicaid payments.

That’s right, HHS is using a law meant to protect people from racial, disability, color and sex discrimination to promote abortion. HHS is using a law intended to protect the vulnerable to promote the killing of the most vulnerable: preborn babies.

That shouldn’t fly, according to ADF.

“Unelected bureaucrats shouldn’t be forcing Americans to dispense abortion-inducing drugs against their conscience,” said ADF Legal Counsel Andrea Dill, who argued before the court on behalf of Mayo Pharmacy.

Dill added:

The Biden administration’s repeated attempts to impose a federal right to abortion continue to fail because that right has never existed—not to mention it’s illegal and directly conflicts with federal and state law.

It’s unlawful for the executive branch to weaponize the administrative process to advance a radical pro-abortion agenda.

In the case’s most recent development, a judge for the U.S. District Court for the Western District of Texas ruled against the administration’s attempt to dismiss the case.

U.S. District Judge David Counts issued a striking – and entertaining – ruling blasting HHS’ attempt to avoid judicial review in the case.

He writes,

This administration has, before and since Dobbs, openly stated its intention to operate by fiat to find non-legislative workarounds to Supreme Court dictates. This Court will not play along with such a breach of constitutional constraints.

Judge Counts points out that HHS argued in court that its guidance is “mainly geared toward dispensing drugs for non-abortion ailments like rheumatoid arthritis.”

The judge properly notes the title of the guidance is: “Guidance to the Nation’s Retail Pharmacies Clarifying Their Obligations to Ensure Access to Comprehensive Reproductive Health Care Services.”

You can almost hear Judge Counts chuckle – and sigh – as he writes the following obvious words:

The Court is, to date, unaware that treatment for rheumatoid arthritis – an autoimmune disease that causes inflammation (painful swelling) in the affected parts of the body like the joints – could be classified as “reproductive health care.”

Defendants (HHS) insist that the Court buy the ridiculous argument that a guidance document clearly stating its purpose as ensuring access to reproductive healthcare services actually is about people receiving drugs to treat rheumatoid arthritis.

Judge Counts also quoted Shakespeare’s Hamlet in his opinion.

He asked HHS that since it is their contention that the guidance only covers non-abortion purposes – like rheumatoid arthritis – whether HHS would be fine with him ruling in Mayo Pharmacies’ favor, making clear it doesn’t have to provide abortion drugs.

But HHS repeatedly opposed that idea.

“Given that chance, the Court thinks the Defendants ‘doth protest too much,’” Judge Counts wrote.

It’s good that courageous citizens like Kevin Martian aren’t bending the knee to HHS’ dictates and are boldly fighting back for what is right. And it’s even better that a judge like David Counts has seen right through HHS’ charade.

Many lives of preborn babies may be saved as a result.

The Daily Citizen will keep you apprised of important developments in this case.

The case is Mayo Pharmacy v. Department of Health and Human Services.

Related articles:

State Attorneys General Warn Walgreens and CVS Not to Dispense Abortion Pills

Abortion Pill Lawsuits Aim to Block State Laws Protecting Women, Saving Preborn Babies

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