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Lankford, Hyde-Smith, Pfluger & Colleagues Defend Women’s Safety in Ongoing Challenge to FDA Pushing DIY Abortions

WASHINGTON, DC–Senator James Lankford (R-OK) joined Senator Cindy Hyde-Smith (R-MS) and Representative August Pfluger (R-TX) today in filing an amicus brief at the Supreme Court in support of prolife physicians who are challenging the Food and Drug Administration’s (FDA) unlawful 2000 approval of chemical abortion drugs.

“It remains very clear that President Biden is obsessed with increasing abortion-on-demand, no matter the risk to women and children,” said Lankford. “The FDA’s approval of dangerous DIY abortions was a violation of the drug approval process required by law. I urge the Supreme Court to consider the FDA’s disregard for the law and the numerous hazards chemical abortions pose to moms and babies. As a nation, we must value life over politics.”

Sixteen Senators and 92 members of the House of Representatives signed the amicus brief, which was authored by Americans United for Life (AUL), in support of the Conditional Cross Petition filed by Alliance for Hippocratic Medicine.  The cross petition asks the Supreme Court to also 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:

I.  The FDA exceeded its Subpart H authority by approving the chemical abortion drug, mifepristone. 

A. The FDA misclassified pregnancy as a “life-threatening illness.” 

B. Chemical abortions do not provide a “meaningful therapeutic benefit” over surgical abortions, which it would need to provide in order to qualify for Subpart H approval. 

II.  The FDA’s approval of mifepristone subverted patient health and safety safeguards within federal laws. 

A. The FDA’s failure to adhere to the Federal Food, Drug and Cosmetic Act’s drug approval process has created grave health and safety risks to women and girls. 

B. The FDA endangers pregnant adolescents seeking chemical abortion drugs by subverting the pediatric study requirement. 

In addition to Lankford, and Hyde-Smith, the amicus brief was signed by Senators Kevin Cramer (R-ND), Marco Rubio (R-FL), Roger Marshall, M.D. (R-KS), Mike Braun (R-IN), Markwayne Mullin (R-OK), Roger Wicker (R-MS), Jim Risch (R-ID), Mike Crapo (R-ID), John Hoeven (R-ND), Bill Cassidy, M.D. (R-LA), Steve Daines (R-MT), Katie Britt (R-AL), Ted Budd (R-NC), Rick Scott (R-FL), and John Barrasso, M.D. (R-WY).

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