Hoeven Joins Bicameral Brief to Supreme Court on FDA Deregulation of Chemical Abortion Drugs

WASHINGTON – Senator John Hoeven joined a friend-of-the-court brief led by Senator Cindy Hyde-Smith (R-Miss.) and U.S. Representative August Pfluger (R-Texas) in a case before the U.S. Supreme Court that opposes the federal government’s deregulation of chemical abortion drugs. The lawmakers’ bicameral amicus brief in U.S. Food and Drug Administration (FDA) v. Alliance for Hippocratic Medicine squarely contests FDA deregulation of chemical abortion drugs in 2016 and 2021, including allowing the distribution of mail-order abortion drugs. The brief was signed by 26 Senators and 119 House members.

“The FDA is ignoring federal law by making these drugs readily available via mail across the country,” said Hoeven. “This amicus brief outlines the importance of holding the FDA responsible for putting the safety of women and girls at risk. We remain committed to protecting the lives of the unborn and the wellbeing of mothers.”

“The intent of our friend-of-the-court brief makes the case for holding the FDA accountable for endangering the lives of women and girls in its march to make abortion-inducing drugs easily available.  It is about taking to task a federal agency that has willingly and aggressively subverted federal law,” said Hyde-Smith, chair of the Senate Pro-Life Caucus.  “I hope the brief is well received as this case is heard by the justices.”

In their amicus brief that can be read here, the lawmakers contend:

I.  The FDA’s failure to adhere to the federal Food, Drug, and Cosmetic Act (FDCA) has created significant health and safety risks to women and girls.

A. The FDA Subverted Patient Safeguards in the FDCA.

B. Chemical Abortion Drugs Carry Significant Risks for Women and Girls.

C. The FDA’s Actions Have Endangered Patient Health and Safety.

II.  The FDA has permitted mail-order chemical abortion drugs in violation of federal law.

Senate cosigners of the brief include U.S. Senators Marco Rubio (R-Fla.), James Risch (R-Idaho), James Lankford (R-Okla.), Steve Daines (R-Mont.), Ted Budd (R-N.C.), Mike Braun (R-Ind.), Bill Cassidy, M.D. (R-La.), John Kennedy (R-La.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), John Barrasso, M.D. (R-Wyo.), Roger Wicker (R-Miss.), Mike Lee (R-Utah), Todd Young (R-Ind.), John Thune (R-S.D.), Deb Fischer (R-Neb.), John Cornyn (R-Texas), Roger Marshall, M.D. (R-Kan.), Rick Scott (R-Fla.), Katie Britt (R-Ala.), Cynthia Lummis (R-Wyo.), Josh Hawley (R-Mo.), Ted Cruz (R-Texas), and Marsha Blackburn (R-Tenn.).