Attorney General Josh Kaul has taken action to protect access to medication abortion by joining a coalition of 24 attorneys general. The coalition has filed an amicus brief in the U.S. Supreme Court to support efforts by the U.S. Food and Drug Administration (FDA) and Danco Laboratories LLC to reverse a ruling by the U.S. Court of Appeals for the Fifth Circuit.
The ruling in question reinstated certain restrictions on the medication known as mifepristone, despite the FDA determining that these restrictions were medically unnecessary. Mifepristone, when used in combination with misoprostol, is the only medication approved by the FDA for abortion care.
Attorney General Kaul and the coalition argue that if the Fifth Circuit's ruling is allowed to take effect, it would reinstate medically unnecessary restrictions on mifepristone. This would have dangerous consequences for reproductive health care outcomes, particularly for low-income and underserved communities.
In a statement, Attorney General Kaul said, "This case asks the Supreme Court to ignore science and the law in order to further reduce reproductive freedom. The Court should reject this attack on access to medication abortion."
The amicus brief filed by the coalition highlights decades of high-quality evidence and clinical research that demonstrate the safety and effectiveness of mifepristone. The coalition also emphasizes that the FDA's decisions in 2016 to approve a modified label and reform the conditions for prescribing mifepristone were supported by robust safety data and decades of clinical experience.
If the Fifth Circuit's decision is allowed to take effect, it could disrupt access to the most common method of abortion, potentially harming countless Americans in need of medical care or pregnancy loss management. The ruling could lead many individuals to instead undergo procedural abortion, which would drive up risks, costs, and delays. It could also deprive many Americans of access to reproductive health care altogether.
The coalition further argues that the ruling would create widespread confusion among providers, distributors, and pharmacies, and could have negative implications for the regulatory process for drug approvals. This could stifle scientific innovation and jeopardize the development and availability of thousands of drugs nationwide.
The attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia have joined Attorney General Kaul in submitting the amicus brief.
The outcome of this case has significant implications for reproductive freedom and access to medication abortion. The coalition of attorneys general is urging the U.S. Supreme Court to reverse the Fifth Circuit's decision and ensure that access to safe and effective abortion care remains protected.