Food and Drug Administration, et al. vs. Alliance for Hippocratic Medicine, et al.

Why this Matters

The Plaintiffs allege that the Food and Drug Administration’s (FDA) approval of the abortion drug mifepristone and FDA’s regulations increasing safe access to mifepristone violates the Administrative Procedure Act, the Food, Drug, and Cosmetic Act, the Comstock Act, and are ultra vires. This appeal addresses whether the Fifth Circuit was correct in determining that the Plaintiffs have standing to challenge the FDA’s regulations surrounding mifepristone and that the FDA’s actions were likely arbitrary and capricious.

Potential Impact

Preventing individuals from accessing effective medication for abortion services will jeopardize their health and safety. Additionally, preventing the FDA from making clinical and scientific determinations will endanger the agency’s ability to ensure individuals have access to safe and effective drugs.