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646 State Legislators File Supreme Court Amicus Brief

In April 2023, a federal court in Texas issued a ruling purporting to block the FDA’s 2000 approval of mifepristone, one of two medicines commonly used in medication abortion. On August 16, 2023, the Fifth Circuit Court of Appeals largely upheld the district court’s decision. While it kept in place the FDA’s 2000 approval of mifepristone, the decision from the Fifth Circuit would impose severe restrictions on access to mifepristone if it were to take effect. On December 13, 2023, the Supreme Court granted the U.S. Department of Justice’s request to take up the case.

646 U.S. state lawmakers, with the support of Crowell & Moring LLP, filed an amicus brief on January 30, 2024 before the U.S. Supreme Court affirming that mifepristone is a safe, effective and necessary medication for pregnant people seeking abortion care. The State Innovation Exchange (SiX) and the Center for Reproductive Rights are proud to support this amicus effort.

The U.S. Supreme Court has set oral arguments in the case for March 26, 2024. A decision is expected this summer.

See full amicus brief here: