The Institute for Faith and Family (IFFNC.com) recently filed an amici curiae brief in Food and Drug Administration v. Alliance for Hippocratic Medicine.
In that case the Alliance for Hippocratic Medicine sued the FDA claiming that the agency did not follow proper procedures in its approval of the drug. The Texas District Court found for the Alliance and the FDA appealed the case to the Fifth Circuit where the court did not remove the drug from the market but reinstated previous regulations requiring that the drug be dispensed directly to the patient by a certified provider. The current regulations allow pharmacies to dispense mifepristone directly to patients. The FDA appealed the 5th Circuit decision; the U.S. Supreme Court granted certiorari and oral arguments are scheduled for March 26, 2024.
In its brief, the Institute for Faith and Family argues that the deregulation of mifepristone has resulted in dire consequences, not only for women but, also, for the doctors who treat them. Patients are presenting themselves in emergency rooms due to complications created by failed chemical abortions and doctors are being forced to respond by performing or completing abortions contrary to their moral beliefs. In previous years, perhaps, a doctor could decline but under the current rules governing treatment in emergency rooms for hospitals receiving medicare funds, the treating physician is required to provide “stabilizing care” including performing an abortion.
Forcing doctors to perform or complete abortions emanating from faulty FDA drug approval and regulations is a violation of the First Amendment’s protections of a person’s right to exercise their conscience based on religious belief. This right is deeply rooted both in American law and history.
In their brief, the Institute for Faith & Family asks the court to affirm the decision of the Fifth Circuit which reinstated the previous safety requirements that the drugs be dispensed directly by the doctor providing the abortion to the woman seeking the abortion.
