Litigation Update: AHM v. FDA: Challenging the FDA on “Chemical Abortion Drugs”

In November 2022, the Alliance Defending Freedom (ADF) filed a federal lawsuit in the U.S. District Court for the Northern District of Texas, Amarillo Division,  against the United States Food and Drug Administration (FDA) on behalf of the Alliance of Hippocratic Medicine (AHM) and others.

The suit challenges the FDA’s 2000 decision to legalize mifepristone and misoprostol, two drugs often used in conjunction as chemical abortifacients. The petitioners argue that the legalization of these chemical abortion drugs undermines the FDA’s legal obligation to protect the health, safety, and welfare of young girls and women. Further, the petitioners allege the FDA disregarded notable evidence that chemical abortion drugs are more likely to cause more harm and complications than a surgical abortion, and terminated the necessary safeguards for pregnant women and girls who undergo this controversial drug regimen.  Finally, the petitioners contend that the FDA allowed these chemical abortion pills to be delivered via mail in violation of long-standing federal laws.

This Litigation Update with Erik Baptist, a litigating attorney for ADF, will provide a current look at this case, what the facts are, how the case is going, and what the possible outcomes and ramifications thereof may be.

Erik Baptist

Senior Counsel

Alliance Defending Freedom

Roger D. Klein

Faculty Fellow, Center for Law, Science & Innovation

Sandra Day O'Connor College of Law

FDA & Health

Federalist Society’s Civil Rights Practice Group

Federalist Society’s Religious Liberties Practice Group

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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