March 1, 2024

Young Joins Amicus Brief to SCOTUS Case Challenging the FDA Deregulation of Chemical Abortion Drugs

WASHINGTON, D.C. — U.S. Senator Todd Young (R-Ind.) was among 26 Senators and 119 Representatives who filed an amicus brief to the Supreme Court of the United States in the case of U.S. Food and Drug Administration (FDA) v. Alliance for Hippocratic Medicine. The lawmakers’ bicameral amicus brief squarely refutes FDA deregulation of chemical abortion drugs in 2016 and 2021, including allowing the distribution of mail-order abortion drugs.

The brief provides a federal policy perspective as to why the FDA acted in violation of federal law 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 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, the 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:

  1. 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.
  1. The FDA Subverted Patient Safeguards in the FDCA.
  2. Chemical Abortion Drugs Carry Significant Risks for Women and Girls.
  3. The FDA’s Actions Have Endangered Patient Health and Safety.
  1. The FDA has permitted mail-order chemical abortion drugs in violation of federal law.

In addition to Senator Young, other senators who signed the brief include U.S. Senators Cindy Hyde-Smith (R-Miss.), Marco Rubio (R-Fla.), James Risch (R-Idaho), James Lankford (R-Okla.), Steve Daines (R-Mont.), Ted Budd (R-N.C.), Mike Braun (R-Ind.), Bill Cassidy (R-La.), John Kennedy (R-La.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), John Barrasso (R-Wyo.), Roger Wicker (R-Miss.), Mike Lee (R-Utah), John Hoeven (R-N.D.), John Thune (R-S.D.), Deb Fischer (R-Neb.), John Cornyn (R-Texas), Roger Marshall (R-Kan.), Rick Scott (R-Fla.), Katie Britt (R-Ala.), Cynthia Lummis (R-Wyo.), Josh Hawley (R-Mo.), Ted Cruz (R-Texas), and Marsha Blackburn (R-Tenn.).

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.