Women’s Law Project proudly joined an amicus curiae brief filed to the United States Court of Appeals for the Fifth Circuit supporting defendant-appellants in the case centered on the FDA approval of mifepristone, a medicine commonly used in pregnancy-related care including medication abortion.
Center for Reproductive Rights filed the brief on behalf of over 200 reproductive health, rights, and justice organizations. You can read it here.
Background
In this case, a federal district court in Texas ordered an unprecedented “stay” of the FDA’s longstanding approval of mifepristone, effectively suspending FDA approval despite its robust safety record in both clinical trials and real-world applications. In doing so, as argued in the amicus brief, “the district court effectively substituted itself for the agency as the expert evaluator of drug approval, cherry-picking from debunked data and anecdotes” in an attempt to deprive every single patient in the United States of access to a safe, lifesaving medicine.
Rather than block this erroneous decision in its entirety, a divided panel of the Fifth Circuit allowed some political restrictions to stand while the case winds through the courts.
The amicus brief explains how the district court’s decision conflicts with the consensus of the scientific and medical community regarding the safety of mifepristone and medication abortion. It also outlines the devastating consequences of the district court’s decision if the appeals court allows it to go into effect.
The next step will be an expedited hearing in the Fifth Circuit, which is scheduled for May 17, 2023. More information and a link to the livestream is here.
Women’s Law Project is a non-profit public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond.
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