Legal Action

FOIA Lawsuit: Demanding Transparency into Efforts to Restrict Access to Critical Reproductive Health Care

Lawsuit on behalf of Reproductive Freedom for All to compel the release of critical information from the FDA and CMS regarding the Trump-Vance administration’s efforts to restrict access to reproductive health care.

On October 30, 2025, Reproductive Freedom For All filed a lawsuit against the U.S. Food and Drug Administration (FDA) and the U.S. Centers for Medicare & Medicaid Services (CMS) to enforce the Freedom of Information Act (FOIA), as the agencies had failed to respond to multiple requests for records that would shed light on the Trump-Vance administration’s efforts to restrict access to reproductive health care. Reproductive Freedom for All is represented by Democracy Forward in the case.

Democracy Forward submitted the FOIA requests on August 4, 2025, seeking records related to political interference, agency leadership communications, and coordination with extreme anti-abortion groups. The requests seek communications from key political appointees, such as FDA Commissioner Marty Makary and CMS Administrator Mehmet Oz, regarding mifepristone, emergency care for pregnant patients, and interactions with outside groups like the National Right to Life Committee, Americans United for Life, and others. Despite statutory deadlines, the agencies have failed to release the requested records.

The lawsuit asks the court to help ensure that the public can hold health agency officials accountable for decisions that could limit access to abortion and life-saving emergency care.

Timeline

  • Two FOIA requests filed, one to CMS and one to the FDA.

  • Lawsuit filed to compel the release of the requested information.