We strongly disagree with today’s ruling from the Fifth Circuit Court of Appeals in Alliance for Hippocratic Medicine v. FDA, which undermines FDA’s scientific, independent judgment and reimposes onerous restrictions on access to safe and effective medication abortion. 

Due to the Supreme Court’s stay, mifepristone remains broadly available for now. But if the Fifth Circuit’s ruling stands, it will significantly roll back the ability for women in every state to get the health care they need, and undermine FDA’s scientific, evidence-based process for approving safe and effective medications that patients rely on.

As leaders in the biopharma industry, leading expert physicians and medical organizations, former FDA and former DOJ officials, and patient advocates have made clear: this lawsuit also poses an unprecedented threat to the FDA’s authority to review, approve, and set evidence-based requirements for a wide range of safe and effective drugs.

The Department of Justice announced that it will be seeking Supreme Court review of the Fifth Circuit’s contrary decision.

As our fight continues in the courts, President Biden and Vice President Harris remain firmly committed to defending reproductive health care, and the Administration will continue to stand by FDA’s independent approval of mifepristone as safe and effective. In the face of these unprecedented attacks on women’s health, we will continue to fight for women’s freedom to make decisions about their own bodies.


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