Generic Mifepristone Manufacturer, GenBioPro, Submitted Brief Urging Court to Issue Stay And Preserve Access 

More than 20 years ago, the U.S. Food and Drug Administration (FDA) approved mifepristone as safe and effective for the American people. Last week, a Texas district court ruled seeking to block access to this medication in states across the country — a decision that had no basis in law or fact. Today, following petitions from the Department of Justice and branded manufacturer Danco Laboratories, and the submission of an amicus brief by generic manufacturer GenBioPro, the Supreme Court in AHM v. FDA recognized the sweeping and devastating consequences of the lower court’s order and temporarily froze its ruling for five days. 

In response to the Supreme Court’s temporary stay, Democracy Forward President & CEO Skye Perryman, one of the lawyers for GenBioPro, issued the following statement: 

“After an emergency petition to the Supreme Court today, mifepristone remains legal and approved for distribution across the nation. As our client, GenBioPro, told the Supreme Court in a brief filed this morning, the harm and instability that will result from enforcement of the district court’s decision in AHM v. FDA is substantial and stands to harm the public health. 

The litigation brought by anti-science activists in Texas is a dangerous and severely disruptive departure from the norm of reasoned and science-based agency decision-making regarding drug approvals. This effort by special interests not only threatens the health of Americans across the country, it also undermines our democratic values. We will continue to use legal and regulatory tools to protect access to mifepristone and will oppose attempts to improperly use the courts to attack science and evidence.”