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Supreme Court hears arguments in FDA v. Alliance for Hippocratic Medicine

by | Mar 26, 2024

Rep. Smith urges Supreme Court to protect women and their unborn children from the harms of chemical abortion

Rep. Chris Smith (R-NJ), Co-chair of the House Pro-life Caucus, speaks at a press conference on March 21, 2024, urging the Supreme Court to protect women and their unborn children from the harm of chemical abortion.

WASHINGTON—As the Supreme Court heard oral arguments today in FDA v. Alliance for Hippocratic Medicine, Rep. Chris Smith (R-NJ), Co-Chair of the House Pro-Life Caucus, urging the Supreme Court to protect women and their unborn children from the harm of chemical abortion.

“We express our strong support and gratitude to the brave doctors and for the brilliant work of Alliance Defending Freedom (ADF) and their lead attorneys—Erin Morrow Hawley and Erik Baptist—for tirelessly seeking to hold the FDA to account for unlawfully removing critically important safety regulations designed to protect women from injury and death from the chemical abortion drugs, mifepristone and misoprostol,” Smith said.

“The FDA has recklessly, shamefully, and unlawfully trivialized and significantly ignored the dangers these powerful abortion drugs pose to women. In addition to killing an unborn child by starving the baby to death—an outrage in and of itself—the chemical abortion regimen presents significant health risks to pregnant women that is at the core of the lawsuit.”

Rep. Smith went on to say that the doctors with Alliance for Hippocratic Medicine have pointed out:

The FDA has failed to uphold its duty to ensure the best interests of patients across America are prioritized above all else. The FDA required critical safeguard protections to be in place with the administration of mifepristone and misoprostol for 16 years. When the FDA removed these protections, it did so without fully evaluating the impact to women and minors—completely disregarding their health and well-being;


The chemical abortion pill regimen involves high risk drugs, as demonstrated by the FDA’s own label stating that about one in 25 women who take these drugs will end up visiting the emergency room;


They have—as doctors in their own practices—treated women who have been injured by these abortion drugs after taking them alone and unsupervised without ever having visited a medical professional; and


Women’s health matters and the FDA is required by law to do better.

“It was President Bill Clinton who originally issued an executive order to bring these baby poisons to the United States and sent his FDA Commissioner David Kessler to lobby Roussel-Uclaf to market it here,” Smith said.

“In 2000, the FDA stated that abortion pills be taken no later than 7 weeks and have at-least three in-person doctor visits to check for ectopic pregnancy, severe bleeding and life-threatening complications.

“By 2016, the Obama FDA pushed usage to a 10-week pregnancy, only one doctor visit, permitted non-physicians to prescribe the drugs and nullified the requirement that prescribers report all serious complications.

“In 2021, Biden’s FDA eviscerated even the requirement for an office visit so that women now take these dangerous poisons at home without any determination of whether or not there is an ectopic pregnancy.

Rep. Smith concluded that in their congressional amicus brief

“we offered a federal policy perspective from 145 Members of Congress as to why the FDA, in deregulating mifepristone, acted arbitrarily and capriciously in violation of the Administrative Procedure Act.”

Categories: Supreme Court