AG Mayes joins FDA’s attempt to overturn medication abortion ruling

Oct 16, 2023, 4:35 AM

Kris Mayes (Getty Images File Photo)...

Kris Mayes (Getty Images File Photo)

(Getty Images File Photo)

PHOENIX – Arizona Attorney General Kris Mayes joined a multistate coalition of attorneys general last week in filing an amicus brief in the U.S. Supreme Court in support of petitions to reverse the U.S. Court of Appeals for the Fifth Circuit’s ruling that reinstated certain medically unnecessary and previously eliminated restrictions on medication abortion using mifepristone.

The U.S. Food and Drug Administration and Danco Laboratories LLC are the appellants in the case. Danco Laboratories distributes mifepristone under the brand name Mifeprex. Mifepristone is the only FDA-approved abortion medication.

“The Fifth Circuit’s decision to place unwarranted restrictions on mifepristone is not just misguided — it’s hazardous,” Mayes said. “Access to medication abortion is critical for patients across our country, especially in low-income and underserved areas. The Supreme Court should reverse the Fifth Circuit ruling and protect access to this safe and effective medication.”

The amicus filing signed by Mayes argues the Fifth Circuit’s ruling has dangerous consequences and asks the Supreme Court to reverse the Fifth Circuit’s poorly reasoned decision restricting how mifepristone can be prescribed and dispensed.

The amicus brief highlights the Fifth Circuit’s decision ignores decades of high-quality evidence and clinical research that shows mifepristone is safe and effective.

Joining Mayes in submitting the amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, and the District of Columbia.

Earlier this year, Attorney General Mayes joined a multi-state coalition of 16 other states and the District of Columbia to successfully preserve access to mifepristone in Arizona through a separate case in the Eastern District of Washington.

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AG Mayes joins FDA’s attempt to overturn medication abortion ruling