DeGette Leads Over 250 Congressional Democrats on Amicus Brief to Supreme Court in Louisiana v. FDA

DENVER, CO - Today, Congresswoman Diana DeGette (CO-01), co-chair of the Reproductive Freedom Caucus, is leading more than 250 Congressional Democrats in filing an amicus brief(link is external) to the U.S. Supreme Court in State of Louisiana v. U.S. Food and Drug Administration (FDA), a case that could have sweeping implications for access to medication abortion nationwide.

"This case is about whether science and evidence still guide our nation's health decisions, as Congress codified in law, or whether state politicians and courts can override them," said Rep. DeGette. "Mifepristone has been proven safe and effective for more than 25 years. Reinstating medically unnecessary restrictions will only make it harder for Americans to access care, especially those in rural and underserved communities. I'm proud to lead my colleagues in standing up for patients, for science, and for the FDA's authority."

Louisiana v. FDA stems from ongoing legal challenges by anti-abortion politicians and advocates seeking to restrict access to medication abortion. On May 1, the Fifth Circuit Court of Appeals granted Louisiana's request for a nationwide judgment requiring patients to fill mifepristone prescriptions in person at a health center, effectively ending access via telehealth, mail order, and pharmacy. On May 4, the Supreme Court granted an administrative stay in Louisiana v. FDA. This restores access to mifepristone via telehealth, mail order, and pharmacies for one week while the case proceeds on emergency docket.

Medication abortion care accounts for nearly two-thirds of all abortions in the U.S., and more than one in four abortion patients in the United States receive their safe, effective care via telehealth. The Fifth Circuit's ruling would significantly restrict access-even in states where abortion remains legal-by imposing barriers that medical experts say are medically unnecessary and unduly burdensome.

Mifepristone, part of the gold standard medication abortion regimen, was approved by the FDA more than 25 years ago and has since been used safely by over 7.5 million patients. The FDA's decision to remove the in-person dispensing requirement was based on extensive scientific evidence demonstrating the medication's safety and efficacy.

Congressional Democrats argue in their amicus brief that allowing courts to override FDA determinations undermines the agency's authority as established by Congress and threatens the integrity of the nation's drug approval process.

###