04.21.2023 / Statement

Families USA: Supreme Court Stays Fifth Circuit Decision and Maintains FDA Authority and Access to Medication Abortion Until Case is Appealed

WASHINGTON, D.C. – Frederick Isasi, executive director of Families USA, issued the following statement today on the Supreme Court staying the Fifth Circuit Appeals Court decision on mifepristone. Mifepristone was first approved by the FDA more than 20 years ago and is used in more than half of abortion procedures nationwide.

“Today’s action by the Supreme Court means that people who need lifesaving, FDA-approved medications – particularly women who need abortion care and miscarriage treatment – have won a temporary reprieve. But let’s be clear: anyone who relies on an FDA-approved drug should remain deeply concerned.

“The Court’s ruling stalls a final decision on the fate of women’s access to mifepristone while the decision is appealed. Make no mistake, though, the pending cases in Texas and the Fifth Circuit Court present a real and dangerous threat that could allow courts to dismantle the gold-standard FDA approval process, giving extremist judges—not doctors – the final word on whether someone gets access to the medicine that could save their life.

“While we are grateful that women’s access to mifepristone will not be interrupted for now, the bottom line is that Judge Kacsmaryk’s ruling was wrong. The Fifth Circuit missed an important opportunity to support the rule of law and the scientific process of the FDA. Every day that the courts fail to resolve this matter in favor of data, science, and precedence is a day that scientific advancements and women’s lives are in jeopardy. We urge the Fifth Circuit and Supreme Court to move quickly to resolve this matter and to restore full access to all FDA-approved, life-saving medications.

“Patients must be able to work with their providers to access the medications they need without interference from activist judges or politicians.

“Patients who need access to mifepristone or abortion services should go to abortionfinder.org for information about the care that is available to them. Families USA calls on the Biden Administration to continue to do everything they can to preserve access to all life-saving medications. States also must step up and do everything in their power to maintain access to all reproductive health services, including additional state-level funding so providers can continue to serve patients.

“Until the courts affirm that doctors and experts should be in charge of patient access to all FDA-approved medications, including mifepristone, our fight continues.”

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