Nov. 17—WASHINGTON, D.C. U.S. Rep. August Pfluger (R-Texas-11) and U.S. Senator Cindy Hyde-Smith (R-Miss.) led the filing of an amicus brief in support of the U.S. Supreme Court considering initial "approval irregularities" by the Food and Drug Administration (FDA) in its 2000 approval of chemical abortion drugs.

Ninety-two members of the House of Representatives and U.S. Senators signed the amicus brief, which was authored by Americans United for Life (AUL), in support of the Conditional Cross Petition filed by Alliance for Hippocratic Medicine. The cross petition asks the Supreme Court to consider the FDA's 2000 drug approval should the court decide to hear challenges to a Fifth Circuit Court stay of the FDA's 2016 and 2021 actions to broaden access to chemical abortion drugs.

"As pro-life elected representatives, Amici are committed to protecting women and girls from the harms of the abortion industry. By approving and then deregulating chemical abortion drugs, the FDA failed to follow Congress' statutorily prescribed drug approval process and subverted Congress' critical public policy interests in upholding patient welfare," the brief stated.

"Amici support the Fifth Circuit's reinstatement of common-sense patient safeguards, which include in-person dispensing of mifepristone as well as an in-person follow-up examination to ensure a woman has not suffered complications or retained fetal tissue. Accordingly, Amici support Cross-Petitioners' opposition to the FDA and Danco's petitions for a writ of certiorari, which have asked this Court to reconsider patient safeguards that protect women and girls seeking chemical abortion drugs," the brief continued.

The lawmakers' brief makes these arguments:

— The FDA exceeded its Subpart H authority by approving mifepristone.

— The FDA misclassified pregnancy as a "life-threatening illness."

— Chemical abortions do not provide a "meaningful therapeutic benefit" over surgical abortions.

— The FDA's approval of mifepristone subverted patient health and safety safeguards within federal laws.

— The FDA's failure to adhere to the FDCA's drug approval process has created grave health and safety risks to women and girls.

— The FDA endangers pregnant adolescents seeking chemical abortion drugs by subverting the pediatric study requirement.

In addition to Hyde-Smith, chair of the Senate Pro-Life Caucus, the amicus brief was signed by U.S. Senators Kevin Cramer (R-N.D.), Marco Rubio (R-Fla.), Roger Marshall, M.D. (R-Kan.), Mike Braun (R-Ind.), Markwayne Mullin (R-Okla.), James Lankford (R-Okla.), Roger Wicker (R-Miss.), James Risch (R-Idaho), Mike Crapo (R-Idaho), John Hoeven (R-N.D.), Bill Cassidy, M.D. (R-La.), Steve Daines (R-Mont.), Katie Britt (R-Ala.), Ted Budd (R-N.C.), Rick Scott (R-Fla.), and John Barrasso, M.D. (R-Wyo.).