By Sarah Neely

On Tuesday, March 26, at 10 a.m. EST, the U.S. Supreme Court will hear oral arguments for two crucial cases regarding chemical abortions: Food and Drug Administration (FDA) vs. Alliance for Hippocratic Medicine (AHM) and Danco Laboratories vs. Alliance for Hippocratic Medicine.

In the past year, especially, Operation Rescue has confirmed a dangerous uptick in chemical abortions, as well as associated complications, due to the FDA loosening nearly all restrictions on the abortion drug mifepristone. With these alarming insights, Operation Rescue joined the Alliance for Hippocratic Medicine in its ongoing battle against the FDA. The American Center for Law and Justice filed an amicus brief on behalf of Operation Rescue and West Virginia Right to Life in full support of AHM.

President Troy Newman is entreating Christians to pray hard for one of the most important pro-life cases SCOTUS has heard since Dobbs.

“Now is the time to pray,” Newman comments. “As we head into court with AHM, we are encouraging every citizen to keep this case, the attorneys, and the Supreme Court Justices in your prayers, first as the arguments are heard tomorrow, and then as our Justices begin the work of crafting their decision.”

The first case, FDA vs. Alliance for Hippocratic Medicine, originated out of Texas. The plaintiff, AHM, argued that scientific testing or clinical trials were not performed to establish the safety and efficacy of mifepristone, one of two drugs used in chemical abortions. Twenty-three states joined the lawsuit shortly after it was filed.

In April 2023, U.S. District Judge Matthew Kacsmaryk of Texas heard the case and ruled to completely suspend the FDA’s approval of the drug. The Biden administration immediately appealed to the Fifth Circuit and requested a stay from SCOTUS to block Kacsmaryk’s decision while litigation was ongoing, which SCOTUS granted.

At the Fifth Circuit, a three-judge panel rejected and affirmed Kacsmaryk’s decision, ruling that mifepristone could remain on the market but under the former 2011 restrictions, which limited use to seven weeks of pregnancy and prohibited distribution by mail. 

The Biden administration, which is currently doing all it can to eliminate regulations around abortion, no matter the cost to women’s health and safety, appealed this decision as well. Danco Laboratories – the biggest provider of mifepristone in the nation – also appealed the decision, creating the second court case, Danco Laboratories vs. Alliance for Hippocratic Medicine.

The two cases were consolidated, however, which means the Court has allotted only one hour for all oral arguments. They will be heard as one case. 

The decision SCOTUS hands down will have huge implications for the current telehealth trend in chemical abortions, which is proving more and more dangerous every day.

During the COVID-19 pandemic, the Biden administration temporarily suspended the requirement to receive abortion pills only during an in-person visit with a doctor. This requirement can help rule out ectopic pregnancies and other risk factors. Shortly after Biden allowed the temporary suspension, the FDA made that change permanent. 

After hearing oral arguments tomorrow, SCOTUS will essentially decide whether this permanent change can stand, or if the 2011 regulations must be restored. If SCOTUS rules the latter, telehealth abortions would come to a quick end – and the abortion industry would feel the loss of a quickly growing source of easy revenue.  

Operation Rescue’s 2023 Annual Survey found a direct correlation between the FDA’s recent removal of nearly all protections and a widespread increase of dangerous mail-order abortions. In 2023, alone, brick-and-mortar abortion facilities that mail pills without an in-clinic visit nearly doubled from 2022, and a total of 13 new online, back-alley abortion pill suppliers came into existence. Online suppliers have almost no overhead, only needing a website and P.O. Box before counting nearly everything else as profit. 

With such easy access to these pills, there have also been numerous reports of women slipped abortion pills by people with malicious intent. On March 20, not even one week ago, a story broke about a married nurse who forced a chemical abortion on his pregnant girlfriend by placing abortion pills into her vaginal cavity during sex. By the time she realized what happened, it was too late. 

“The FDA’s reckless departure from nearly all safety precautions when it comes to abortion pills not only costs more preborn lives, it also puts women at risk for devastating harm,” Newman comments. “There is no screening for ectopic pregnancies, no real oversight from a doctor required, and anyone, from an angry boyfriend, to a wronged husband, or violent rapist, can gain easy access to these pills. God bless the Alliance for Hippocratic Medicine for holding the FDA and the Biden administration accountable. And please keep these crucial efforts in your prayers!”

Don’t forget to tune in for oral arguments on the Supreme Court’s Live Audio Page tomorrow at 10 a.m. EST.