The abortion rights coalition told the court that the FDA never specifically approved either of the drugs used in the protocol for abortion, meaning that the Oklahoma law “flatly prohibits any medication from being used off-label to terminate a pregnancy.”
But Pruitt, in a brief filed this week and in previous filings, contends that the law addresses the FDA protocol for the drugs and clearly allows drug-induced abortions that follow that protocol.
He said the abortion rights group challenging the law was trying to convince the Oklahoma Supreme Court to “make this case go away” by ruling that the law bans all drug-induced abortions.
But Pruitt contends that won't make the case go away because the U.S. Supreme Court will consider it no matter how the Oklahoma Supreme Court rules.
The state has always maintained that the law is constitutional even if it's interpreted as a total ban on drug-induced abortions, Pruitt told the state court.