Washington, D.C. – The 5th Circuit Court of Appeal’s order restricting access to medication abortion was wrong, according to an amicus brief filed today by GenBioPro – the generic manufacturer of mifepristone. The amicus brief was submitted to the U.S. Supreme Court in Alliance for Hippocratic Medicine (AHM) v. FDA by Democracy Forward, which is representing GenBioPro in the matter, along with Arnold & Porter Kaye Scholer; and Kellogg, Hansen, Todd, Figel & Frederick. 

Mifepristone was first approved as safe and effective by the U.S. Food and Drug Administration (FDA) more than 20 years ago. Last April, however, a Texas district court ruling sought to block access to this medication in states across the country — a decision that had no basis in law or fact. 

Following petitions from the U.S. Department of Justice (DOJ) and branded manufacturer Danco Laboratories, and the submission of an amicus brief by GenBioPro, the U.S. Supreme Court recognized the sweeping and devastating consequences of the lower court’s order and temporarily froze its ruling. Following that stay, in August, the Fifth Circuit affirmed significant portions of the district court ruling, ordering a return to the conditions on the use of mifepristone that existed before 2016. The GenBioPro brief submitted today urges the Supreme Court to reverse the Fifth Circuit Court of Appeal’s ruling. 

In response to the new brief’s filing, Democracy Forward President & CEO Skye Perryman issued the following statement: 

“The Fifth Circuit’s ruling in this case undermines decades of science and access to evidence-based medication, as well as the FDA’s regulatory authority. The ruling was not based on science or facts, but rather furthered another effort waged by extremists in their attacks on women’s rights and ability to access necessary medication. It also flies in the face of decisions issued by the US Supreme Court that clearly affirm FDA’s authority on these issues. 

“Make no mistake – the extremists and special interests waging wars on access to this evidence-based medication are the same extremists and special interests attacking our democracy. 

“It is imperative that the Court reverse the Fifth Circuit’s decision.”

Democracy Forward is a national legal organization that is dedicated to the advancement of democracy and social progress. Democracy Forward, along with co-counsel, represents GenBioPro, the manufacturer of generic mifepristone on the amicus brief submitted in AHM v. FDA and in a lawsuit to reverse West Virginia’s restrictions that limit access to mifepristone.

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