Supreme Court Returns Case to Fifth Circuit for Full Hearing

Andrew   |   April 24, 2023

Contact: Kate McAuliffe,, 513-729-3600

Supreme Court Returns Case to Fifth Circuit for Full Hearing

The U.S. Supreme Court ruled that full access to mifepristone – the first pill used in the dangerous chemical abortion regimen – may continue as Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration proceeds through the lower courts. Unborn babies will continue to die, and women will continue to suffer.

On behalf of four doctors and four medical organizations, the Alliance Defending Freedom sued the FDA for its approval of mifepristone. On April 7, the District Court for Northern District had issued an order that would have halted the Food and Drug Administration (FDA) approval of the chemical abortion drug mifepristone. The Supreme Court ruling stayed that order.

This means that, at this time, mifepristone may be dispensed in the United States in accordance with the restrictions (REMS) weakened by the FDA in January 2023 to allow certified pharmacies (both physical locations and online retailers) to dispense mifepristone.

The case awaits consideration of the merits of the case by the Fifth Circuit Court of Appeals on May 17, 2023.

Life Issues Institute President Bradley Mattes shared his reaction: “We are saddened by the Court’s ruling. Chemical abortion has killed women and inflicted life-threatening side effects on thousands of others with fatal results for their babies. In reality, this is a chemical coat hanger that the Court has allowed to continue to harm millions of women. We hope that after this delay women and their babies will be protected.”

The FDA disregarded the risks associated with mifepristone when it approved the drug in 2000. The organization accelerated the approval process using Subpart H, which is intended for medications that treat life-threatening illnesses. Pregnancy is not an illness, and abortion is not the answer.

Women often undergo chemical abortion at home with no medical supervision. They experience immense pain and excessive bleeding and are traumatized upon seeing their deceased children. Over the years, the FDA removed the safeguards designed to protect mothers from this dangerous abortion procedure and has hidden most all of its side effects.

For requests to interview Bradley Mattes, use contact information above.

Life Issues Institute is dedicated to changing hearts and minds of millions of people through pro-life education. Organizations and individuals around the world depend upon Life Issues Institute to provide the latest information and effective tools to protect innocent human life from fertilization to natural death.


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