Attorney General Andrea Joy Campbell joined a multistate coalition of 24 attorneys general to protect access to mifepristone nationwide. The coalition filed an amicus brief in the U.S. Supreme Court supporting the U.S. Food and Drug Administration’s (FDA) and Danco Laboratories LLC’s efforts to reverse a ruling by the U.S. Court of Appeals for the Fifth Circuit that reinstated certain restrictions on mifepristone, after the FDA had determined those restrictions were medically unnecessary. Mifepristone is the only medication approved by the FDA for abortion care. Attorney General Campbell and the coalition argue that the Fifth Circuit’s ruling reinstating medically unnecessary restrictions on mifepristone has dangerous consequences for reproductive health care outcomes, particularly for low-income and underserved communities. AG Campbell previously joined a coalition that urged the Supreme Court to take up the case in order to reverse the Fifth Circuit’s decision.
“The lower court’s decision ignores decades of evidence that shows mifepristone is safe and effective by reinstating severe restrictions on access to mifepristone which will make it even harder for patients to obtain abortion care in post-Dobbs America,” said AG Campbell. “I am proud to join this multistate coalition urging the Supreme Court to uphold the FDA’s evidence-based judgment permitting medically appropriate access to mifepristone, which plays a crucial role in advancing bodily autonomy and our pursuit for reproductive justice.”
Attorney General Campbell and the coalition of 24 attorneys general are urging the Supreme Court to reverse the Fifth Circuit’s decision to restrict how mifepristone can be prescribed and dispensed. The amicus brief argues that the Fifth Circuit’s decision ignores decades of extensive testing and review showing that mifepristone is safe and effective. The coalition points out that the FDA’s decisions in 2016 to approve a modified label and update the conditions for prescribing and dispensing mifepristone were supported by robust safety data and decades of clinical experience.
The coalition notes that if the Fifth Circuit’s decision is permitted to take effect, it could disrupt access to the most common method of abortion, harming countless Americans in need of medical care or pregnancy loss management, with widespread disruptions for the health care system. As a result of Dobbs, abortion access is already severely limited in large parts of the country, with fourteen states enacting total abortion bans, and many others severely restricting this care. Reinstating unnecessary restrictions on medication abortion could lead many individuals to undergo unnecessary and more invasive procedural abortion, drive up costs, and delays, and deprive many Americans of access to abortion altogether. The coalition further argues that the ruling would create widespread confusion among providers, distributors, and pharmacies, and radically destabilize the regulatory process for drug approvals, stifling scientific innovation and imperiling the development and availability of thousands of drugs nationwide.
During an era of unprecedented national attacks on reproductive care, AG Campbell has continued to ensure Massachusetts remains a beacon for reproductive justice. As one of her first actions in office, AG Campbell, in collaboration with allied stakeholders, announced the creation of the Abortion Legal Hotline, a free and confidential hotline that assists Massachusetts healthcare providers, helpers, and patients, by providing legal advice and resources related to abortion access and care. AG Campbell announced a $1.5 million maternal health grant program to address maternal health disparities and promote culturally competent care for birthing persons across the Commonwealth. AG Campbell also established a first-of-its-kind Reproductive Justice Unit which is focused on expanding and protecting access to reproductive and gender affirming care, addressing disparities in maternal health, tackling misinformation and disinformation that prevents access to care, working across state lines to respond to national attacks on reproductive health care, and championing and defending Massachusetts’ strong legal protections for reproductive rights.
Joining Attorney General Campbell in submitting amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
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