More than 20 years ago, the U.S. Food and Drug Administration (FDA) approved mifepristone as safe and effective for the American people. Earlier this month, 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 froze the ruling in full pending appeal.
In response to the Supreme Court’s stay, Democracy Forward President & CEO Skye Perryman, one of the lawyers for GenBioPro, issued the following statement:
“Today’s Supreme Court ruling keeps mifepristone lawful and available — which is what we urged the Court to do in a brief on behalf of our client, the nation’s only generic manufacturer of mifepristone, GenBioPro. As this case goes to appeal, we urge the Fifth Circuit to overturn the baseless district court order that seeks to revoke FDA’s 23-year-old approval of this safe and effective medication. We will support GenBioPro as it uses all available legal tools to protect access to mifepristone and defend against anti-democratic attacks from anti-science extremists.”
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 in a lawsuit to ensure FDA follows the law and required processes before altering generic mifepristone’s status.