Senator Murray Statement on SCOTUS Ruling in Mifepristone Case

Senator Murray: “American women can breathe a temporary sigh of relief with the Supreme Court rejecting on standing this blatantly political attack—based on retracted junk science—that sought to rip away access to a medication that has been used by millions of women for over two decades and is safer than Tylenol. The ideological extremism by the plaintiffs in this case, who were represented by a designated hate group, should never have made it this far to begin with. But make no mistake: this fight is not over.”

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Senator Murray led the Congressional response to this dangerous lawsuit from the beginning, led hundreds of Members of Congress in multiple amicus briefs

Washington, D.C. – Today, U.S. Senator Patty Murray (D-WA), a senior member and former Chair of the Senate Committee on Health, Education, Labor, and Pensions (HELP), issued the following statement on the Supreme Court’s ruling in FDA v. Alliance for Hippocratic Medicine, a case concerning access to mifepristone—a safe and effective medication that was approved by the U.S. Food and Drug Administration (FDA) in 2000. The Supreme Court ruled unanimously that the plaintiffs lacked standing to sue.

Mifepristone is the first of two medications used in a medication abortion, and it is critical for miscarriage management. Medication abortion accounted for 63 percent of abortions in the U.S. last year—a 10 percent jump since 2020. In January, Murray led 263 Members of Congress in filing an amicus brief urging the Supreme Court to reverse the Fifth Circuit’s decision that would override the FDA’s scientific judgment and dramatically curtail access to mifepristone.

“American women can breathe a temporary sigh of relief with the Supreme Court rejecting on standing this blatant political attack—based on retracted junk science—that sought to rip away access to a medication that has been used by millions of women for over two decades and is safer than Tylenol. The ideological extremism by the plaintiffs in this case, who were represented by a designated hate group, should never have made it this far to begin with. But make no mistake: this fight is not over.

“For now, mifepristone remains accessible where abortion is legal, but Americans need to understand that the nationwide threat to medication abortion has not gone away—far from it. If Donald Trump and his anti-abortion allies return to power, they will do everything they can to rip away access to mifepristone and ban abortion nationwide—they’re already revealing their plans to do just that.

“No one should be lulled into complacency—Americans need to keep standing up and making their voices heard. Democrats will keep working to restore the right to abortion and fighting back against radical extremists who are intent on dragging our nation backward and controlling women’s lives, their bodies, and their futures.”

At a HELP Committee hearing Senator Murray chaired on June 4^th on the wide-ranging harm caused by the Dobbs decision and Republican abortion bans, Murray pressed Republican witness Dr. Christina Francis, CEO of the anti-abortion group American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG), on whether she thought women should have access to medication abortion and common forms of birth control, like Plan B or IUDs. The Republican witness said affirmatively she thinks medication abortion should be banned and refused to say women should be able to access Plan B or IUDs (which she incorrectly considers to be abortifacients)—this as her organization is actively working with Republican lawmakers to ban medication abortion and certain forms of contraception.

Senator Murray has been leading the response to this dangerous lawsuit in Congress from the beginning. An abbreviated timeline is below:

• April 7, 2023: Matthew Kacsmaryk, a federal district court judge in Texas, issues a decision attempting to halt the FDA’s original approval of mifepristone from the year 2000, as well as subsequent moves by the FDA to expand access to mifepristone, including in 2016 and 2021. Murray emphatically denounces the ruling in a press call the very next morning with Leader Schumer.
• April 11, 2023: Murray helps lead Congressional Democrats in filing an amicus brief before the Fifth Circuit urging a stay of Kacsmaryk’s ruling.
• April 12, 2023: The Fifth Circuit issues a ruling largely refusing to block the federal district court’s order and attempts to reinstate medically unnecessary restrictions on mifepristone that were lifted by the FDA in 2016 and 2021 while litigation continues. Murray slams the decision as an unprecedented assault on abortion rights and the FDA’s authority to do its job.
• April 14, 2023: Murray helps lead her colleagues in filing an amicus brief encouraging the Supreme Court to stay the lower court ruling.
• April 21, 2023: The Supreme Court grants a full stay of the lower court decision (following a previous temporary stay)—allowing mifepristone to remain on the market under its existing FDA approval while the merits of the case are under review. Murray issues a statement in response.
• August 16, 2023: The Fifth Circuit Court of Appeals rules to reinstate burdensome and medically unnecessary restrictions on mifepristone that the FDA lifted years earlier, but not to remove the drug from the market altogether. Murray responds forcefully to the ruling. Because of the Supreme Court’s April 21 order, mifepristone will remain available under current regulations while the case continues.
• September 8, 2023: The U.S. Department of Justice asks the Supreme Court to review the Fifth Circuit’s August 16 ruling imposing severe restrictions on mifepristone.
• October 12, 2023: Murray leads 257 Members of Congress in filing an amicus brief urging the Supreme Court to review the case, arguing that FDA’s current approach to regulating mifepristone must be upheld.
• December 13, 2023: The U.S. Supreme Court agrees to review the case. Murray issues a statement in response.
• January 30, 2024: Murray leads 263 Members of Congress in filing an amicus brief urging the Supreme Court to reverse the Fifth Circuit’s decision that would override the FDA’s scientific judgment and dramatically curtail access to mifepristone.
• March 26, 2024: The Supreme Court hears oral arguments in Alliance for Hippocratic Medicine v. FDA; Senator Murray issues a statement calling on the Supreme Court to reject the politically-motivated attacks on mifepristone.

Senator Murray has always fought to make reproductive health care more accessible and affordable for women everywhere–beating back countless Republican attempts to defund Planned Parenthood and other family planning services over the course of her career, and she is widely credited with successfully pushing the Bush administration to follow the science and make Plan B available over the counter.

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