The agenda of Big Pharma, Democrats, and their staunch liberal allies to perpetuate the wholesale termination of unborn lives is profoundly unsettling. When a young woman faces barriers to a traditional procedure, they offer a pill with devastating consequences, not just for her but also for the unborn child. While I won’t delve into the specifics here, countless women have undergone the abortion pill procedure only to face regret and the ensuing trauma.
Next Tuesday, the Supreme Court will confront the arguments for and against this deeply troubling pill.
The Alliance Defending Freedom (ADF) launched a lawsuit against the FDA in November 2022, representing four national medical associations and multiple doctors. They argue that the FDA prioritized political considerations over scientific evidence in approving chemical abortion drugs for use in the United States.
Erik Baptist, senior counsel at ADF and co-counsel on the case, condemned the FDA’s actions, stating during a press conference in Washington, DC, on Thursday, “The U.S. Food and Drug Administration (FDA) — the federal agency responsible for ensuring the safety of drugs that Americans take — has betrayed women and girls.
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Women deserve the ongoing care and oversight of a doctor, especially when dealing with high-risk drugs. However, in recent years, the FDA has alarmingly eliminated almost all safeguards previously deemed essential for abortion drugs,” Baptist emphasized. “These safeguards included in-person doctor visits to monitor for conditions like ectopic pregnancies, severe bleeding, and life-threatening infections. There’s no denying that the FDA’s actions have significantly compromised the safety of women taking these high-risk abortion drugs.
In December 2023, the Supreme Court agreed to hear the case. Following this decision, both President Joe Biden’s Department of Justice (DOJ) and Danco Laboratories LLC, the distributor of mifepristone (sold under the brand name Mifeprex), urged the Supreme Court to overturn a lower court’s ruling that had halted two FDA actions easing restrictions on the abortion pill. The Supreme Court granted a hearing to both cases, consolidating them into one and allocating a total of one hour for oral arguments.
The appeal stemmed from an August ruling by the U.S. Court of Fifth Circuit, which deemed the FDA’s 2016 decision to extend the window for taking the abortion pill from seven weeks to ten weeks of pregnancy as unlawful. Similarly, the court ruled against the FDA’s 2021 change, which permitted the abortion pill to be mailed directly to patients and allowed non-doctor medical professionals to prescribe mifepristone.
Judge Jennifer Walker Elrod, in the panel’s opinion, highlighted concerns regarding the FDA’s relaxation of safety restrictions on mifepristone. The opinion underscored the agency’s failure to address crucial safety considerations and the potential cumulative impact of removing multiple safeguards simultaneously. Additionally, it criticized the lack of evidence demonstrating that mifepristone could be safely used without in-person prescription and dispensing.
Elrod’s opinion highlighted that at the preliminary stage, plaintiffs “have made a substantial showing” that the 2016 and 2021 rule changes violate the Administrative Procedure Act (APA).
Despite the Fifth Circuit’s ruling against the government and the drug manufacturer, mifepristone has remained available under existing regulations while litigation continues. The Supreme Court preemptively halted any rulings from appeals courts this spring, pending a petition for the Supreme Court to take the case.
The ADF’s lawsuit focuses on six specific agency actions since the legalization of mifepristone and misoprostol in 2000. The ADF alleges that the agency approved the drug by falsely categorizing pregnancy as an “illness.” Furthermore, the lawsuit claims that the FDA never conducted safety studies on mifepristone under the labeled conditions of use, ignored potential impacts on the developing bodies of adolescent girls from the hormone-blocking regimen, disregarded evidence indicating that chemical abortion drugs result in more complications than surgical abortion, and eliminated necessary safeguards for pregnant individuals taking the regimen.
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