By Staff Reporter |
Attorney General Kris Mayes, a pro-choice Democrat, applauded the Supreme Court’s ruling on the controversial abortion drug, mifepristone.
Mayes issued a press release on Thursday in response to the Court’s ruling that the doctors and medical groups suing to roll back the FDA’s expansion of access to mifepristone had lack of standing, or the legal right to sue. The Supreme Court ruled that the doctors and medical groups couldn’t show that they would be harmed directly by the FDA’s mifepristone policies, specifically citing past rulings in which courts were determined to not be the forums for all “general complaints about the way in which government goes about its business.”
Although the High Court’s ruling hinged on the technicality of the plaintiffs’ identities, the attorney general depicted the ruling as supportive of mifepristone’s safety and efficacy.
“Millions of Americans have used Mifepristone safely and effectively for over two decades,” said Mayes. “By reversing the disastrous ruling by the Fifth Circuit, today’s decision will save lives and avoid widespread confusion among providers, distributors, pharmacies, and patients.”
Mayes also indicated that she would support those fights to expand abortion access. Arizona law currently restricts abortions to 15 weeks.
“I will never stop fighting against any attempts to restrict the rights of Arizonans to make their own healthcare decisions without interference from anti-abortion politicians and activists,” said Mayes.
The author of the Court’s opinion, Justice Brett Kavanaugh, admitted that the doctors and medical groups turned away for lack of standing had “sincere legal, moral, ideological, and policy objections” to mifepristone.
The FDA approved mifepristone over 20 years ago during the Clinton administration through a controversial fast-tracked approval process. The FDA reclassified pregnancy as a “serious or life-threatening illness,” with mifepristone therefore validated as a “meaningful therapeutic benefit.”
The Governmental Accountability Office issued a 2008 report highlighting the criticization of the FDA’s reclassification.
“Critics have argued that unwanted pregnancy should not be considered a serious or life-threatening illness,” read the report.
The FDA restrictions such as a risk evaluation mitigation strategy have faced rollback considerations on mifepristone as well.
The lawsuit at the center of this most recent Supreme Court ruling was prompted by the FDA’s announcement in 2021 that it would no longer enforce an initial in-person visit for practitioners to prescribe mifepristone.
Past court rulings and research have indicated that there have been thousands of adverse event cases from mifepristone.
The attorney general has been a vocal and repeat proponent of mifepristone.
Mayes joined an amicus brief last May advocating for the federal approval of the abortion drug. Since taking office earlier last year, Mayes encouraged major pharmacy chains to continue to offer mifepristone regardless of the ongoing or potential legal challenges.
The attorney general also launched a Reproductive Rights Unit tasked with advancing pathways for abortion, such as taking on legal challenges against medical providers and offering guidance to women on hiding their data when seeking abortion.
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