EPPC Scholars File Two Briefs in Supreme Court Challenging Abortion Drugs


March 1, 2024


EPPC scholars filed two amicus briefs in the Supreme Court in the pending case of FDA v. Alliance for Hippocratic Medicine, in which doctors and medical associations are challenging the FDA’s various actions concerning the abortion drug mifepristone.

In his brief on behalf of EPPC, Distinguished Senior Fellow Ed Whelan explains that the so-called Comstock Act provisions, 18 U.S.C. §§ 1461 and 1462, prohibit sending abortion drugs by U.S. mail or by common carrier, and he rebuts the contrived opinion by DOJ’s Office of Legal Counsel on which the FDA relies.

In their brief on behalf of Democrats for Life of America, EPPC Fellows Rachel N. Morrison and Eric Kniffin argue that the FDA’s actions on mifepristone are part of Biden administration’s and HHS’s pattern and practice to protect and expand access to abortion drugs in violation of federal and state law. The brief documents how the Biden administration is weaponizing federal law to promote abortion, preempt state abortion laws, and undermine the Court’s promise in Dobbs to return the issue of abortion “to the people and their elected representatives.”


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