MO's attorney general is supporting a lawsuit against the FDA over abortion medication
Missouri Attorney General Andrew Bailey voiced support Monday morning for a lawsuit that aims to reverse the U.S. Food and Drug Administration's approval of a drug that is used in medication abortion. Here's what it said, and what you need to know.
What is an amicus brief, and why did Bailey file one for a Texas lawsuit?
An amicus brief is a legal filing by a party or group not involved in a lawsuit, but who has a strong interest in the matter, according to Cornell Law School's Legal Information Institute. Amicus briefs aim to influence a court's decision on a lawsuit.
More:MO attorney general leads effort to warn pharmacies about mail-order abortion meds
Bailey's amicus brief "brings to the court’s attention concessions abortionists have made in Missouri courts that reveal the harmful effects chemical abortion drugs have on women," according to the AG's press release. He asked the court to grant a preliminary injunction halting the FDA's new policy allowing for distribution of mifepristone.
“The plain text of the law matters, which is why Missouri is helping lead the effort to block the FDA’s blatant attempt to nullify the law and harm women,” Bailey said. “This brief raises awareness of the serious harm these abortion drugs impose on women. My office will do everything in its power to uphold the law and protect Missourians.”
What did Bailey's brief say about abortion providers and medical abortion?
The brief says that abortion providers "routinely violated the medical standard of care" and "admitted under oath that they have long flouted their legal duty to report complications." It cites findings from two Missouri lawsuits regarding medication abortion — Comprehensive Health of Planned Parenthood Great Plains v. Williams in 2017 and Comprehensive Health of Planned Parenthood Great Plains v. Hawley in 2016.
In Comprehensive Health of Planned Parenthood Great Plains v. Williams in 2017, the judge denied Planned Parenthood's request for an injunction against state regulations governing facilities that provide medicine abortions. However, the judge's opinion also noted that "the evidence establishes that complications (from medication abortion) are rare and the vast majority occur after the patient has taken the first medication and has returned home," with complications that require hospitalization occurring in 0.3% of cases.
More:What is mifepristone, the abortion pill? What to know after the Supreme Court overturned Roe
It says that physicians "do not ensure that women can access a physician who can treat complications" due to medical abortions, and therefore, those who experience complications seek care from providers who may not know their patient's background. The brief also argues that complication rates of medication abortions are underestimated, citing depositions where Missouri abortion providers admitted they did not report abortion-related complications despite it being a state law.
What is the lawsuit?
The initial case was filed Nov. 18 in Amarillo, Texas, by the Alliance Defending Freedom. The lawsuit argues that mifepristone comes with medical risks and should be pulled from the market.
The judge in the case is U.S. District Judge Matthew Kacsmaryk, who was appointed by former President Donald Trump and has a history of conservative rulings. A decision is expected by Feb. 24 at the earliest.
More:A Texas judge could soon force a major abortion pill off market nationwide. Here's what to know.
On its website, the Alliance Defending Freedom describes itself as a legal organization "committed to protecting religious freedom, free speech, marriage and family, parental rights, and the sanctity of life." The Southern Poverty Law Center classifies the Alliance Defending Freedom as an anti-LGBTQ hate group.
Mifepristone was approved by the FDA for medication abortion in 2000. It is considered a safe and effective abortion medication by the U.S. Department of Health and Human Services, the American Medical Association and the American College of Obstetricians and Gynecologists.
Susan Szuch is the health and public policy reporter for the Springfield News-Leader. Follow her on Twitter @szuchsm. Story idea? Email her at sszuch@gannett.com.
This article originally appeared on Springfield News-Leader: Missouri AG supports lawsuit to reverse FDA decision on abortion meds
