On Friday, a coalition of organisations opposed to abortion filed a lawsuit against the Department of Health and Human Services and the Food and Drug Administration (FDA) to overturn the FDA’s approval of the abortion medicine mifepristone.
The lawsuit was submitted to the United States District Court for the Northern District of Texas in Amarillo on behalf of the Alliance for Hippocratic Medicine, the American Association of Pro-Life Obstetricians and Gynecologists, the American College of Pediatricians, the Christian Medical & Dental Associations, and four individual physicians. The suit was filed by attorneys working for the conservative Christian legal group Alliance Defending Freedom.
In response to the litigation, the FDA declined to comment. A spokeswoman for the Department of Health and Human Services defended the medicine, stating that it is both safe and effective, and stated that “denying women access to any vital care they need is excessive and downright dangerous.” Concerning the matter at hand, the attorneys for the ADF contend that the FDA exceeded its jurisdiction when it granted approval for the medicine 22 years ago.
“The FDA’s approval of chemical abortion drugs has always stood on shaky legal and moral ground,” Alliance Defending Freedom Senior Counsel Erik Baptist said in a statement. “After years of evading responsibility, it’s time for the government to do what it’s legally required to do: protect the health and safety of vulnerable girls and women.” [citation needed] “The FDA’s approval of chemical abortion drugs has always stood on shaky legal and moral ground.”
The backstory is that following the June decision of the Supreme Court that returned abortion rights to the states, abortion pills, which are frequently prescribed through telemedicine, have emerged as a viable option for women who wish to terminate their pregnancies but live in states that prohibit or restrict abortions.
Chemical abortion uses the drug mifepristone to block the pregnancy hormone progesterone, essentially starving the unborn child of nutrients for 1-3 days. A second drug, misoprostol, induces labor and expels the now deceased baby.
Starving a child to death is not healthcare. pic.twitter.com/TxUd78J9V6
— March for Life (@March_for_Life) November 17, 2022
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The FDA granted approval to allow physicians to prescribe mifepristone through telemedicine and to ship patients their pills one year ago. Advocates for women’s rights to abortion want the agency to declare that its decisions to approve pharmaceuticals take precedence over any state laws that prohibit or restrict abortions.
The Alliance Defending Freedom has been the driving force behind several important legal battles fought by conservatives in recent years, including the 2018 case Masterpiece Cakeshop v. Colorado Civil Rights Commission. In that case, the Supreme Court handed down a decision that was favourable to ADF’s client, a Christian baker who had refused to serve a same-sex couple. However, the court’s decision was extremely limited in scope.
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