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Washington Stand: SCOTUS Rejects Challenge to FDA's Abortion Pill Deregulation |
Via Washington Stand
The U.S. Supreme Court is rejecting a lawsuit brought by pro-life doctors against the Food and Drug Administration (FDA) over the federal agency expanding access to abortion drugs. On Thursday, the Court issued a unanimous rejection of a petition brought by the Alliance for Hippocratic Medicine and other pro-life medical organizations, which argued that the FDA had violated the Administrative Procedure Act when it relaxed safeguards around prescribing the abortion drug mifepristone in 2016 and 2021. Justice Brett Kavanaugh wrote the court’s opinion, rejecting the case for a lack of standing, not based on the merits of the case.
“But the plaintiffs do not prescribe or use mifepristone. And FDA is not requiring them to do or refrain from doing anything,” Kavanaugh wrote of the pro-life doctors’ petition. “Rather, the plaintiffs want FDA to make mifepristone more difficult for other doctors to prescribe and for pregnant women to obtain. Under Article III of the Constitution, a plaintiff ’s desire to make a drug less available for others does not establish standing to sue.”
Alliance Defending Freedom (ADF) Senior Counsel Erin Hawley, who argued the case before the court on behalf of the pro-life plaintiffs in late March, issued a statement Thursday saying, “We are disappointed that the Supreme Court did not reach the merits of the FDA’s lawless removal of commonsense safety standards for abortion drugs.” She continued, “Nothing in today’s decision changes the fact that the FDA’s own label says that roughly one in 25 women who take chemical abortion drugs will end up in the emergency room — a dangerous reality the doctors and medical associations we represent in this case know all too well.” She added, “The FDA recklessly leaves women and girls to take these high-risk drugs all alone in their homes or dorm rooms, without requiring the ongoing, in-person care of a doctor.”
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While We Are Disappointed in the U.S. Supreme Court’s Decision in FDA v. Alliance for Hippocratic Medicine, All Hope Is Not Lost |
By Renee K. Carlson, General Counsel, True North Legal
Just yesterday in a unanimous decision in FDA v. Alliance for Hippocratic Medicine, the U.S. Supreme Court held that the Alliance for Hippocratic Medicine which includes pro-life doctors and other pro-life organizations lacked Article III standing, the legal requisite necessary for the Court to decide the case on the merits — the Food and Drug Administration’s (FDA) unlawful regulatory actions regarding the dangerous abortion drug mifepristone. Thus, at least for now, the FDA will not be held accountable for unlawfully removing many common sense health and safety standards for high-risk abortion drugs such as: simply requiring an in person doctor visit for prescribing this dangerous abortion drug, reporting requirements, and making the high-risk abortion drug available for women and girls via tele-health. So perilous chemical abortions will remain available under the FDA’s expanded access to mifepristone without many common sense guardrails for the abortion drug.
One practical implication of the abortion industry’s reckless disregard for safety is the lack of screening for prior complications like ectopic pregnancy and other pregnancy related conditions which puts women in danger and serious risk of medical complications. This is not hyperbole. When I spoke at the U.S. Supreme Court back in March of this year in support of the plaintiffs and pro-life doctors in this case, I heard heart wrenching stories of women and girls taking these drugs — left alone to perform their own abortions on a cold chilled bathroom floor. Some women shared that the emotional distress of being left along while losing a child was even more damaging than the physical suffering induced by medical complications of abortion drugs.
To be clear, abortion is not healthcare! Our amicus brief in Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court case that overturned Roe v. Wade, catalogues the lies and harms that the abortion industry has perpetrated against women and girls for nearly half a century. To that point, yesterday’s U.S. Supreme Court decision does not change the fact that according to the FDA’s own label, one in twenty-five women who choose to take dangerous abortion drugs like mifepristone will end up in the emergency room due to medical complications. The abortion industry must come clean for its culpability of harming women and girls by refusing to be transparent about the risks of taking abortion drugs. It should not take a U.S. Supreme Court decision to compel their honesty.
However, the Court was very clear that “federal conscience laws definitely protect doctors from being required to perform abortions or to provide other treatment that violates their consciences.” (emphasis added). Thus implying conscience protections beyond the abortion context. Even more specifically, the Court stated that “EMTALA does not require doctors to perform abortions or provide abortion-related medical treatment over their conscience objections…” In other words, a physician cannot be compelled to abandon their oath to do no harm or be forced to violate their conscience. Based on this statement we have much hope as we anticipate another significant U.S. Supreme Court decision by the end of June in Idaho v. United States. (True North Legal and Kansas Family Foundation submitted an amicus brief in this case, read it here.) In this case, Idaho passed the Defense of Life Act, making nearly all elective abortions illegal in the state of Idaho. In applying a novel interpretation of a federal law that has been on the books for forty years, the Emergency Medical Treatment and Labor Act (EMTALA), the Biden administration now claims this law forces emergency room doctors to perform abortions and overrides state laws like Idaho’s Defense of Life Act. This, despite the Court’s clear precedent in Dobbs that abortion decisions are now left to the states to decide.
Despite our disappointment in this decision, I am just as encouraged if not more so about the pro-life movement than I was the on March 24, 2024, when I spoke about our pro-life movement at the U.S. Supreme Court. As I shared in my rally speech, our movement is bigger than one day at the U.S.Supreme Court. Across the nation and in Minnesota, I know that the abortion industry will never outmatch our our love, our courage, and our support for women, girls, and preborn children. All hope is not lost! In the words of the great prophet Jeremiah, “The Lord is good to those whose hope is in him, to the one who seeks him.” Lamentations 3:25. Let us be people that seek the Lord and in turn point others to healing and hope in Christ, like women and girls who have been duped by the abortion industry.
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What Bills Passed During Legislative Session? |
Introducing Minnesota Family Council’s 2024 bill tracker. In addition to our email updates and action alerts, bookmarking this page will keep you informed on the issues that faced the Minnesota Legislature this year to do with life, family, and religious freedom.
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Upcoming Event: Till Kingdom Come Conference--Political Engagement in Light of the Lordship of Christ
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In an age that seems to have lost its political mind, how should Christians respond? Join Christ Bible Church and Riverview Baptist Church as we apply the lordship of Christ to our present political madness. Dates: Friday, September 20 — 6:30 - 9:00 PM
Saturday, September 21 — 8:30 AM - 3:30 PM (Lunch Provided) |
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Our Legislative Scorecard: LIVE NOW
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After the controversial legislative session last year, we received many questions about how legislators voted. A common theme was, "How can I find out how my legislators voted on the issues that matter most to me?"
We're thrilled to be able to answer that question, with Minnesota Family Council's 2023 Legislative Scorecard.
Please use the button below to download your free, printable PDF of the scorecard. Please share it with friends, family, and pro-life Minnesotans. For this free resource to be valuable, it needs to reach as many people as possible! |
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Church Ambassador Network: Bring LIGHT to the Capitol! |
The Church Ambassador Network brings the gospel to the Capitol to encourage those hoping in Christ and confront those rejecting His lordship. You have the opportunity to ensure that this ministry continues and the light of the gospel shines in St. Paul.
Will you consider supporting the Church Ambassador Network with your church's missions budget? Watch the video below to learn more about the difference you can make by partnering with us. |
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True North Legal is an initiative of Minnesota Family Institute, fighting to protect life, family, and religious freedom in our legal system. Learn more about True North Legal and its crucial work at truenorthlegal.org. |
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Get the Parent Resource Guide
Responding to the transgender trend with truth and compassion starts with the Parent Resource Guide. Get your copy HERE today and invite a friend to do the same! Click to order your copy today: |
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Thank you for sharing Minnesota Family Council’s vision for strong families, communities, and culture through Christ. In this season of unprecedented challenges to life, family, and religious freedom, please consider giving us your support so that we can continue to be YOUR voice. Click here to give now.
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Moses Bratrud, Director of Strategy Minnesota Family Council and Institute |
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Two Ways to Give Support our grassroots policy and elections efforts through Minnesota Family Council (MFC). Support our education and outreach efforts with a tax-deductible contribution to Minnesota Family Institute (MFI). |
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