ACLU Comment on Fifth Circuit Decision on Mifepristone

April 13, 2023 10:01 am

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NEW ORLEANS — The Fifth Circuit Court of Appeals issued a ruling overnight on the Department of Justice (DOJ) and Danco request to stay an order issued by a lower court that blocked the U.S. Food and Drug Administration’s (FDA) approval of mifepristone, a medication used in half the abortions in this country.

In response to the Fifth Circuit’s ruling, Jennifer Dalven, director of the ACLU Reproductive Freedom Project, issued the following statement:

“Don’t be fooled — this is a loss, both for people who need abortion care and for all Americans who may need access to critical life-saving drugs. The order that came in the middle of the night blatantly ignores both the law and the science just like the lower court did. It ignores both the scientific experts at the FDA and over 100 studies on the safety and efficacy of mifepristone in favor of a few anecdotes provided from anti-abortion extremists.

“Make no mistake about it: Unless the Supreme Court steps in, this decision will prevent many people from getting abortion care and force them to remain pregnant against their will. And the implications of this decision go far beyond abortion and have the potential to deny people access to other critical, life-saving drugs. Everyone should be deeply concerned about the effect this decision will have on their health and lives and those of their loved ones.”

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