Wicker, Hyde-Smith, Pfluger, Colleagues File Supreme Court Brief in Ongoing Challenge to FDA Chemical Abortion Actions

November 15, 2023

WASHINGTON – U.S. Senator Roger Wicker, R-Miss., joined Senator Cindy Hyde-Smith, R-Miss., and U.S. Representative August Pfluger, R-Texas, in filing an amicus brief in support of the U.S. Supreme Court considering initial “approval irregularities” by the Food and Drug Administration (FDA) in its 2000 approval of chemical abortion drugs. 

Seventeen U.S. Senators and 92 members of the House of Representatives signed the amicus brief, including U.S. Representatives Trent Kelly, R-Miss., Michael Guest, R-Miss., and Mike Ezell, R-Miss.

Americans United for Life authored the brief in support of the Conditional Cross Petition filed by Alliance for Hippocratic Medicine.  The cross petition asks the Supreme Court to consider the FDA’s 2000 drug approval should the court decide to hear challenges to a Fifth Circuit Court stay of the FDA’s 2016 and 2021 actions to broaden access to chemical abortion drugs.

“As pro-life elected representatives, Amici are committed to protecting women and girls from the harms of the abortion industry.  By approving and then deregulating chemical abortion drugs, the FDA failed to follow Congress’ statutorily prescribed drug approval process and subverted Congress’ critical public policy interests in upholding patient welfare,” the brief stated.

“Amici support the Fifth Circuit’s reinstatement of common-sense patient safeguards, which include in-person dispensing of mifepristone as well as an in-person follow-up examination to ensure a woman has not suffered complications or retained fetal tissue.  Accordingly, Amici support Cross-Petitioners’ opposition to the FDA and Danco’s petitions for a writ of certiorari, which have asked this Court to reconsider patient safeguards that protect women and girls seeking chemical abortion drugs,” the brief continued.

The lawmakers’ brief makes these arguments:

  1. The FDA exceeded its Subpart H authority by approving mifepristone.
  1. The FDA misclassified pregnancy as a “life-threatening illness.”
  2. Chemical abortions do not provide a “meaningful therapeutic benefit” over surgical abortions.
  1. The FDA’s approval of mifepristone subverted patient health and safety safeguards within federal laws.
  1. The FDA’s failure to adhere to the FDCA’s drug approval process has created grave health and safety risks to women and girls.
  2. The FDA endangers pregnant adolescents seeking chemical abortion drugs by subverting the pediatric study requirement.

Organizations supporting the amicus brief include Susan B. Anthony Pro-Life America, U.S. Conference of Catholic Bishops, March for Life, Students for Life of America, National Right to Life, Live Action, Catholic Vote.