Nationwide Threat to Medication Abortion
Amicus Briefs: Alliance for Hippocratic Medicine v. FDA
Hundreds of individuals and organizations signed onto amicus briefs urging both the Fifth Circuit Court of Appeals and the U.S. Supreme Court to block a lower court decision that could threaten access to an abortion drug throughout the U.S.
Summary
As listed below, a broad range of experts, including the Center for Reproductive Rights, filed amicus briefs (“friend of the court” briefs) urging the Fifth Circuit Court of Appeals and the U.S. Supreme Court to stay a district court decision that purports to block the FDA’s long-standing approval of mifepristone, the first pill in the two-drug regimen for medication abortion. If allowed to take effect, the district court’s decision could remove the drug from the market nationwide—even in states where abortion is protected.
After the Fifth Circuit issued a ruling on April 12 largely refusing to block the district court’s order, on April 14, the U.S. Supreme Court issued an order temporarily preventing the district court’s order from taking effect. The stay lasted through April 21, when the Court granted a stay of the lower court decision. The stay leaves mifepristone on the market while the case proceeds at the Fifth Circuit Court, which is scheduled to hear the case on May 17.
Leading medical and health organizations; pharmaceutical companies; current and former government officials; members of Congress; reproductive health, rights and justice advocates; and many other experts submitted amicus briefs supporting the FDA.
The briefs argue that the lower court’s decision, if allowed to take effect, would upend the FDA’s scientific-based process in approving drugs; risk other drugs that have been approved by the agency; harm patient health; and interfere with patient decision-making. In addition, several briefs outline mifepristone’s proven safety and efficacy since it was first approved more than two decades ago.
Below are the briefs that have been filed in this case.
Fifth Circuit Amicus Briefs, 05.01.23
- Advanced Practice Clinicians
- City of New York and Santa Clara County
- Doctors for America and the Reproductive Health Coalition
- Food and Drug Law Scholars
- Former DOJ Officials
- Former FDA Commissioners
- Former FDA Officials
- GenBioPro
- Honeybee Health
- Legal Voice
- Local Governments
- Medical and Public Health Experts
- Medical Students for Choice
- 253 Members of Congress
- Patient and Provider Advocacy Organizations
- Pharmaceutical Research and Manufacturers of America
- Pharmaceutical Companies
- Physicians for Reproductive Health
- Pro-Choice States
- Public Citizen
- Reproductive Health, Rights and Justice Advocates
U.S. Supreme Court Amicus Briefs, 04.14.23
- City of New York and Santa Clara County
- Doctors for America and the Reproductive Health Coalition
- Food and Drug Law Scholars
- Former DOJ Officials
- Former FDA Officials
- GenBioPro
- Legal Voice
- Local Governments
- Medical and Public Health Experts
- 253 Members of Congress
- NAACP Legal Defense Fund
- Pharmaceutical Research and Manufacturers of America
- Pharmaceutical Companies
- Physicians for Reproductive Health
- Pro-Choice States
- Reproductive Health, Rights and Justice Advocates
Fifth Circuit Amicus Briefs, 04.11.23
- City of New York and Santa Clara County
- Doctors for America and the Reproductive Health Coalition
- Former DOJ Officials
- Former FDA Officials
- Local Governments
- Medical and Public Health Experts
- Members of Congress
- NAACP Legal Defense Fund
- Pharmaceutical Companies
- Physicians for Reproductive Health
- Pro-Choice States
- Reproductive Health, Rights and Justice Advocates
