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Miss. Republican Delegation Joins Argument that FDA Violated Law, Endangered Women with 2016 &2021 Deregulation of Abortion-Inducing Drugs
WASHINGTON, D.C. – U.S. Senator Cindy Hyde-Smith (R-Miss.) and U.S. Representative August Pfluger (R-Texas-11) on Thursday led the filing a friend-of-the-court brief in a case before the U.S. Supreme Court that challenges the federal government’s deregulation of chemical abortion drugs.
The bicameral amicus brief in U.S. Food and Drug Administration (FDA) v. Alliance for Hippocratic Medicine squarely refutes FDA deregulation of chemical abortion drugs in 2016 and 2021, including allowing the distribution of mail-order abortion drugs.
“The intent of our friend-of-the-court brief makes the case for holding the FDA accountable for endangering the lives of women and girls in its march to make abortion-inducing drugs easily available. It is about taking to task a federal agency that has willingly and aggressively subverted federal law,” said Hyde-Smith, chair of the Senate Pro-Life Caucus. “I hope the brief is well received as this case is heard by the justices.”
“The FDA is not only breaking the law by making dangerous abortion drugs available through the mail without proper medical oversight, but they are also endangering the safety of women and girls,” said Pfluger. “I am proud to lead this initiative with Senator Hyde-Smith to keep politics out of health care.”
U.S. Senator Roger Wicker (R-Miss.) and U.S. Representatives Trent Kelly (R-Miss.), Michael Guest (R-Miss.), and Mike Ezell (R-Miss.) are among the 145 lawmakers (26 Senators and 119 House members) who signed the brief, which provides a federal policy perspective as to why FDA acted in violation of federal law in 2016 and 2021 when it endangered the health and safety of women and girls by deregulating mifepristone (in combination with misoprostol) to broaden access to the chemical abortion drugs.
In 2016, the FDA eased safety precautions regarding the administration of the abortion drugs, including doing away with in-person and follow-up doctor visits, and eliminated reporting requirements for non-fatal adverse events. During the pandemic, FDA in 2021 allowed mifepristone to be delivered by mail in violation of Federal law.
In their amicus brief that can be read here, the lawmakers contend:
I. The FDA’s failure to adhere to the federal Food, Drug, and Cosmetic Act (FDCA) has created significant health and safety risks to women and girls.
A. The FDA Subverted Patient Safeguards in the FDCA.
B. Chemical Abortion Drugs Carry Significant Risks for Women and Girls.
C. The FDA’s Actions Have Endangered Patient Health and Safety.
II. The FDA has permitted mail-order chemical abortion drugs in violation of federal law.
March for Life Action, Family Policy Alliance, United States Conference of Catholic Bishops, CatholicVote, National Right to Life, and Susan B. Anthony Pro-Life America support the bicameral amicus brief.
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