More than 100 Republican lawmakers filed an amicus brief with the Supreme Court urging the justices to reinstate restrictions on the abortion pill mifepristone, arguing the Biden administration unlawfully loosened safety requirements for the drug.
The brief, signed by Speaker of the House Mike Johnson (R-LA), Senate Majority Leader John Thune (R-SD), and House Majority Leader Steve Scalise (R-LA), among 113 GOP lawmakers, asked the high court to uphold a 5th U.S. Circuit Court of Appeals ruling restoring stricter regulations on the drug and reject emergency appeals from manufacturers Danco Laboratories and GenBioPro.
On May 1, the 5th Circuit temporarily blocked mifepristone from being prescribed online and shipped through the mail, reinstating requirements for in-person medical visits before patients can obtain the medication.
The Supreme Court temporarily halted that ruling Monday, with Justice Samuel Alito issuing an administrative stay through May 11 to give the justices time to consider requests from the drugmakers to preserve nationwide access while the court weighs whether to take up the case.
In their filing, Republicans argued the Food and Drug Administration exceeded its authority by loosening restrictions on chemical abortion drugs and permitting them to be distributed by mail despite long-standing federal laws restricting the mailing of abortion-inducing drugs.
The lawmakers also argued that removing the in-person dispensing requirement prevents doctors from screening for serious medical conditions, including ectopic pregnancies, and makes it harder to identify cases of coercion or abuse.
“It also increases the likelihood that some women are being coerced into taking these drugs against their will,” the lawmakers wrote, citing the experience of plaintiff Rosalie Markezich.
Rep. Chris Smith (R-NJ) accused the Biden administration of using the FDA to “subvert” the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization by eliminating mifepristone’s in-person dispensing requirement.
Smith called the FDA’s decision “reckless,” arguing it prioritized “pro-abortion ideology above medical due diligence.”
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Smith further argued that mailing the drug without in-person screenings leaves women without adequate medical oversight or evaluation for contraindications, coercion, and other health concerns. He praised the 5th Circuit for recognizing those risks and said he hopes the Supreme Court upholds the lower court’s ruling.
Sen. Bill Cassidy (R-LA), a physician, said safeguards such as in-person dispensing requirements “must be reinstated immediately,” arguing chemical abortion drugs “put mothers’ lives at risk.”