Crapo, Risch, Fulcher File Supreme Court Brief Challenging FDA Chemical Abortion Actions
Washington, D.C. --U.S. Senators Mike Crapo and Jim Risch and U.S. Representative Russ Fulcher (all R-Idaho) filed an amicus brief in opposition to the Biden Administration’s efforts to increase access to chemical abortions. The brief encourages the U.S. Supreme Court to consider initial “approval irregularities” by the Food and Drug Administration (FDA) in its 2000 approval of chemical abortion drugs.
“As pro-life elected representatives, [we] 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.
“[We] 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, [we] 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.
Seventeen U.S. Senators and 92 members of the House of Representatives signed the amicus brief authored by Americans United for Life (AUL). The brief supports Alliance for Hippocratic Medicine’s Conditional Cross Petition. 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.
The lawmakers’ brief argues that the FDA exceeded its Subpart H authority by approving mifepristone and the FDA’s approval of mifepristone subverted patient health and safety safeguards within federal laws.
In addition to Crapo, Risch and Fulcher, the amicus brief was signed by U.S. Senators Cindy Hyde-Smith (R-Mississippi), Kevin Cramer (R-North Dakota), Marco Rubio (R-Florida), Roger Marshall, M.D. (R-Kansas), Mike Braun (R-Indiana), Markwayne Mullin (R-Oklahoma), James Lankford (R-Oklahoma), Roger Wicker (R-Mississippi), John Hoeven (R-North Dakota), Bill Cassidy, M.D. (R-Louisiana), Steve Daines (R-Montana), Katie Britt (R-Alabama), Ted Budd (R-North Carolina), Rick Scott (R-Florida), John Barrasso, M.D. (R-Wyoming) and 91 members of the House of Representatives.
Organizations supporting the 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 and CatholicVote.
