Debevoise Files Amicus Brief in Support of States’ Suit to Limit FDA Restrictions on Mifepristone

27 March 2023

Debevoise & Plimpton LLP has filed an amicus curiae brief in the U.S. District Court for the Eastern District of Washington on behalf of a coalition of medical and public health societies in support of 17 states and the District of Columbia’s collective challenge to the FDA’s restrictions on the use and distribution of mifepristone, a drug commonly used for medication abortion and miscarriage management. Plaintiffs seek to halt the enforcement of the FDA’s restrictions, which are typically reserved for a limited class of drugs that pose grave safety concerns. Mifepristone, by contrast, has been proven to have a safety profile similar to over-the-counter painkillers like ibuprofen.

The brief highlights the consensus of the medical and scientific community, based on over two decades of research, that mifepristone is highly safe and effective, and that the current FDA restrictions remain in place without any compelling medical justification. The brief also makes clear that continued restrictions on access to mifepristone will exacerbate the risks already associated with pregnancy and childbirth, and will inevitably impede access to quality care, particularly for marginalized communities.

The brief was filed on behalf of 15 organizations, including the American College of Obstetricians and Gynecologists and the American Medical Association.

The Debevoise team is led by litigation partner Shannon Rose Selden and associates Adam Aukland-Peck and Megan McGuiggan, and includes associates Nicole Marton, Hillary Hubley, and Anu Chugh, along with law clerks Elise Marie Coletta and Charlotte Blatt.