Two hundred and forty Democratic and independent members of Congress have filed an amicus brief with the United States Court of Appeals for the Fifth Circuit, urging the court to block a Texas judge's ruling that would halt the prescription and distribution of abortion drug mifepristone. The brief focuses on defending abortion in general while stressing its inclusion for transgender individuals seeking abortions.
The filing concludes that blocking access to this drug threatens to disproportionately harm Black women, exacerbating an already severe Black maternal health crisis. In response to this ruling, House Democrats have reintroduced a bill reaffirming the U.S. Food and Drug Administration’s (FDA) authority to regulate abortion pills.
The proposed legislation is endorsed by Planned Parenthood and NARAL Pro-Choice America, which would also protect doctors prescribing medication via telehealth across the country—even in states where abortion is restricted or outlawed. However, it faces significant challenges passing through the Republican-controlled House of Representatives.
In November 2022, Alliance Defending Freedom (ADF) filed a lawsuit against FDA on behalf of four national medical associations and several doctors alleging that politics took precedence over science when approving chemical abortion drugs in the United States. The lawsuit cited six discrete agency actions since mifepristone and misoprostol were legalized in 2000, requesting that these decisions be deemed unlawful.
U.N District Judge Matthew Kacsmaryk—a Trump appointee—wrote a 67-page opinion asserting that FDA unlawfully approved mifepristone; he stayed his decision for seven days allowing time for federal government intervention seeking emergency relief from federal courts.
Mifepristone accounted for 53% of abortions performed in 2020; should access be halted due to legal proceedings, surgical abortions remain available as alternatives for women requiring care during pregnancy terminations.