Americans United for Life filed a friend-of-the-court brief on behalf of 67 Members of the United States Congress in Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration in support of a preliminary injunction against the U.S. Food and Drug Administration’s (FDA) unlawful approval and deregulation of chemical abortion drugs. Senator Cindy Hyde-Smith (MS) and Representative August Pluger (TX–11) led the brief, and signatories included 13 Senators and 54 Members of the House of Representatives, representing 31 states. Working with local counsel, Fernando Bustos and Matt Zimmerman of Bustos Law Firm, P.C. in Lubbock, Texas, we presented three arguments:

  1. The FDA’s failure to adhere to the Federal Food, Drug, and Cosmetic Act’s drug approval process has created grave risks to the health and safety of women and girls;
  2. The FDA endangers pregnant adolescents seeking chemical abortion drugs by unlawfully waiving the pediatric study requirement; and
  3. The FDA has created serious hazards for women’s health and safety by permitting mail-order chemical abortion drugs in violation of federal law.

“It is the role of the FDA to approve drugs and regulate their safety and ensure that they are beneficial to patients,” explains Jesse Southerland, Federal Policy Director at Americans United for Life. “Even if a drug has previously been approved, its distribution still requires regulation. Congress has carefully considered the approval process for new drugs, instituting safeguards to protect patients’ welfare. By approving and deregulating chemical abortion drugs, the FDA has not followed Congress’ statutorily prescribed drug approval process and has subverted Congress’ critical public policy interests in upholding patient welfare. The FDA’s lawless actions ultimately endanger women and girls seeking chemical abortions. Through this friend-of-the-court brief, elected representatives are making their voices known that they are committed to protecting women and girls from the harms of the abortion industry.”

“The FDA is playing a dangerous game in promoting its radical abortion agenda at the expense of patient health and safety,” notes Carolyn McDonnell, Litigation Counsel at Americans United for Life. “This is especially concerning for adolescent patients because the FDA waived the pediatric studies requirement, meaning the FDA did not have evidence of the drugs’ safety or efficacy in adolescent patients before approving the drugs for use. Adolescent patients face unique health and safety challenges when seeking a chemical abortion, because they do not have fully developed decision-making capabilities, and, by nature, have high risk pregnancies. Americans United for Life urges the Court to issue a preliminary injunction against the FDA’s lawless actions and protect women and girls from the hazards of chemical abortion drugs.”

In addition to Sen. Hyde-Smith, U.S. Senators Roger Wicker (R-Miss.), Tommy Tuberville (R-Ala.), James Lankford (R-Okla.), Marco Rubio (R-Fla.), Steve Daines (R-Mont.), John Thune (R-S.D.), Mike Braun (R-Ind.), Kevin Cramer (R-N.D.), Markwayne Mullin (R-Okla.), James Risch (R-Idaho), John Hoeven (R-N.D.), and Roger Marshall, M.D. (R-Kan.) signed the brief.

In addition to Rep. Pfluger, the brief was also signed by U.S. Representatives Robert Aderholt (Ala.–04). Mark Alford (Mo.–04), Jodey Arrington (Texas–19), Brian Babin (Texas–36), Jim Banks (Ind.–03), Cliff Bentz (Ore.–02), Andy Biggs (Ariz.–05), Lauren Boebert (Colo.–03), Mike Bost (Ill.–12), Michael Burgess (Texas–26), Jerry Carl (Ala.–01), Earl L. “Buddy” Carter (Ga.–01), Ben Cline (Va.–06), Michael Cloud (Texas–27), Andrew Clyde (Ga.–09), Warren Davidson (Ohio–08), Jeff Duncan (S.C.-03), Jake Ellzey (Texas–06), Ron Estes (Kan.–04), Mike Ezell (Miss.–04), Randy Feenstra (Iowa–04), Virginia Foxx (N.C.–05), Russ Fulcher (Idaho-01), Tony Gonzales (Texas–23), Bob Good (Va.–05), Michael Guest (Miss.–03), Andy Harris, M.D. (Md.–01), Diana Harshbarger (Tenn.–01), Kevin Hern (Okla.–01), Ronny Jackson (Texas–13), Bill Johnson (Ohio-06), Mike Johnson (La.–04), Trent Kelly (Miss.–01), Doug LaMalfa (Calif.–01), Doug Lamborn (Colo.–05), Debbie Lesko (Ariz.–08), Lisa McClain (Mich.–09), Mary Miller (Ill.–15), John Moolenaar (Mich.–02), Alex X. Mooney (W.Va.–02), Nathaniel Moran (Texas–01), Andy Ogles (Tenn.–05), David Rouzer (N.C.–07), Keith Self (Texas–03), Pete Sessions (Texas–17), Adrian Smith (Neb.–03), Chris Smith (N.J.–04), Claudia Tenney (N.Y.–24), Randy Weber (Texas–14), Daniel Webster (Fla.–11), Brad R. Wenstrup, D.P.M. (Ohio-02), Roger Williams (Texas–25), and Joe Wilson (S.C.–02).