Medicine MUST Be Based on Science and Evidence, Not Ideology, Democracy Forward CEO Says Following Oral Arguments in AHM v. FDA

Washington, D.C. – The United States Supreme Court heard oral arguments today in Food and Drug Administration v. Alliance for Hippocratic Medicine (AHM) – a crucial case considering a lower court order that threatens to restrict access to mifepristone – a drug used in medication abortion care.

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. The Fifth Circuit Court of Appeals subsequently refused to block most of that decision, but the U.S. Supreme Court recognized the sweeping and devastating consequences of the lower court’s order and temporarily froze its ruling. 

Following the entry of 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, and the U.S. Supreme Court granted review of the case. In an amicus brief submitted earlier this year, GenBioPro urged the Supreme Court to reverse the Fifth Circuit’s ruling. Democracy Forward is representing GenBioPro in the matter, along with Arnold & Porter Kaye Scholer; and Kellogg, Hansen, Todd, Figel & Frederick. 

In response to oral arguments in the case, Democracy Forward President & CEO Skye Perryman issued the following statement: 

“The extremists behind these attacks want our government to ignore science and facts and go back to a time when access to medication abortion was more restricted. The consequences of substituting scientific expertise with far-right extremism are incredibly dangerous to millions of women, to our public health, and should be concerning for anyone and everyone in America who rely on medication that might someday be restricted by the dangerous precedent that the extremists have asked the Supreme Court to set.  

“Medicine should be based on science and evidence, not ideology, and women should have access to health care that is unencumbered by extremist efforts. Democracy Forward is honored to represent GenBioPro, the nation’s only generic manufacturer of mifepristone, in opposing these extremist attacks.

“Today’s oral arguments arise in a broader context. Hard-fought rights – from voting representation, to reproductive health care, to the ability to be free from discrimination in places of public accommodation – are all under attack by anti-democracy extremists – those who wish to have a country that only serves the few and not the all. Democracy Forward will continue to represent people, communities, and businesses throughout the nation to fight back against these extremists.  We were pleased to hear skepticism in the Fifth Circuit ruling expressed by the many of the judges during today’s oral arguments and we urge the Supreme Court to 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. 

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