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Davids Joins Amicus Brief Supporting Appeal of Texas Mifepristone Decision

April 11, 2023

Today, Representative Sharice Davids joined 240 Members of Congress to file an amicus brief supporting an appeal of the recent Texas district court case that revoked FDA approval of mifepristone, a safe and effective medication used by millions of women.

Last week, a federal judge in Texas made an unprecedented legal decision in Alliance for Hippocratic Medicine v. FDA to reject FDA approval of a medication that was approved decades ago and is used in more than 60 countries to safely end pregnancy. If the decision goes into effect and the FDA no longer allows the prescription of mifepristone, access to the widely-used medication would be restricted in all states, regardless of their individual laws regarding abortion access and reproductive care.

In Kansas, voters overwhelmingly voted to protect the right to access abortion in the state by defeating an anti-choice constitutional amendment in August. Additionally, a Kansas judge ruled late last year that health care providers are allowed to prescribe medication abortion, such as mifepristone, through telemedicine. Despite that ruling and the landslide pro-choice results of the August special election, Kansas state lawmakers continue to introduce legislation to ban the medication and further restrict access to reproductive health care.

"I trust decades of physicians, scientists, and medical professionals more than a judge when it comes to the safety and efficacy of medications. I trust women more than politicians to their own decisions about their health," said Davids. "This ruling threatens Kansans' ability to access the medication they need and undermines the clear statement that Kansans made in August: we don't want politicians making these critical medical decisions for us. That's why I'm joining my colleagues to urge an appeal and affirm our support for the FDA."

In addition to the Congressional amicus brief, several organizations of medical experts have come out in strong opposition to the Texas decision, including the American Medical Association and the American College of Obstetricians and Gynecologists. In their statements, these groups note that this decision poses a significant threat to the FDA's ability to review and approve a wide range of safe and effective medications. The U.S. Department of Justice has announced it will be appealing the decision and seeking a stay pending that appeal. Read the full amicus brief here, and Davids' statement on the Texas ruling here.

Issues:Health Care