U.S. Sen. Cindy Hyde-Smith (R-Miss.), of Brookhaven, and Rep. August Pfluger (R-Texas-11) led 23 senators and 124 representatives in filing an amicus brief urging the U.S. Supreme Court to deny the Department of Justice emergency appeal of court rulings on the improper approval and deregulation of chemical abortion drugs by the Federal Drug Administration.

Mississippi Republican Sen. Roger Wicker, Rep. Michael Guest (Miss.-03), Rep. Trent Kelly (Miss.-01) and Rep. Mike Ezell (Miss.-04) also signed the brief.

The brief filed Tuesday is similar to briefs filed by members in Alliance for Hippocratic Medicine v. FDA at the district and circuit court levels, but with updated language in light of the Fifth Circuit’s ruling.

“The FDA’s unlawful deregulation of chemical abortion drugs subverts Congress’ public policy considerations and safeguards for patient safety.  Amici respectfully urge this Court to deny the application for a stay of the District Court’s order because the FDA exceeded the scope of its authorized power, and endangered the health and safety of women and girls seeking chemical abortion drugs,” the lawmakers’ brief concludes.

The Supreme Court brief argues that emergency appeals by DOJ and Danco Laboratories, LLC should be denied because:

• The FDA failure to adhere to the FFDCA drug approval process has created grave risks to the health and safety of women and girls.
• The FDA endangers pregnant adolescents seeking chemical abortion drugs by unlawfully subverting the pediatric study requirement.
• The FDA has created serious hazards for women’s health and safety by permitting mail-order chemical abortion drugs in violation of federal law.

In response to the emergency appeals, the Supreme Court issued an administrative stay of the district court’s order in Alliance for Hippocratic Medicine v. FDA, as partially stayed by the Fifth Circuit, until 11:59 p.m., Wednesday, April 19.

The brief is also supported by House Appropriations Committee Chair Kay Granger (Texas-12) and House Energy and Commerce Committee Chair Cathy McMorris Rodgers (Wash.-05).

Organizations supporting the Supreme Court brief include SBA Pro-Life America, National Right to Life, Family Research Council, Students for Life, Catholic Vote, Concerned Women for America LAC, Ethics and Public Policy Center, Family Policy Alliance, March for Life, Heritage Action, U.S. Conference of Catholic Bishops Committee on Pro-Life Activities.