This week, Representatives Earl Blumenauer, Suzanne Bonamici, Val Hoyle, and Andrea Salinas, along with Senators Ron Wyden and Jeff Merkley, submitted an amicus brief in support of the Biden administration’s appeal of U.S. District Court Judge Matthew J. Kacsmaryk’s ruling that suspends the Food and Dr*g Administration’s approval of mifepristone, which has been in place for more than 20 years.
The order by the federal judge selected by Trump affects patient access to the ab0rtion medicine mifepristone in Oregon and throughout the country, as well as the Food and Medicine Administration’s (FDA) jurisdiction and dr*g approval procedure as authorized by Congress.
The new amicus brief emphasized that the district court ruling has no basis in law, threatens patients’ access to mifepristone (a safe and effective medication widely used in ab0rtion care and m!scarriage management for years), and threatens FDA’s dr*g approval process (which was designed and mandated by Congress) for a wide array of other medications. As a result, the legislators sought a stay of the district court’s ruling.
In their brief to the U.S. Court of Appeals for the Fifth Circuit in Alliance for Hippocratic Medicine v. FDA, the legislators argued that “The district court appears to have second-guessed FDA’s scientific determinations with cherry-picked anecdotes and studies, and on that basis, imposed a remedy that could significantly upend the status quo.”
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Members emphasized that patients in Oregon and across the country could be denied access to the most common form of ab0rtion care and a key dr*g used in m!scarriage management if the district court ruling were allowed to stand and be implemented and that the FDA’s authority to determine the safety and efficacy of other dr*gs would also be at risk.
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