Letitia James Leads multistate effort to preserve medication abortion access

February 1, 2024 Robert Abruzzese, Courthouse Editor

Attorney General Letitia James. Photo: Ted Shaffrey/AP

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Attorney General Letitia James is spearheading a coalition of 24 attorneys general in filing an amicus brief with the U.S. Supreme Court, she announced Wednesday, challenging a decision by the U.S. Court of Appeals for the Fifth Circuit that imposed restrictions on mifepristone, a key medication used for abortion care.

The coalition is advocating for the reversal of the lower court’s decision, which they argue undermines medically supported access to mifepristone and has significant implications for reproductive health care, particularly for individuals in low-income and underserved areas.

“Every American deserves access to safe and thoroughly tested medication abortion options,” said James. “The Fifth Circuit’s decision to reinstate unwarranted restrictions on the drug mifepristone was misguided and cannot be allowed to stand.

“Millions of Americans, especially those in underserved, rural, and low-income communities, rely on access to medication abortion, and they are counting on the U.S. Supreme Court to reverse the lower court decision,” James continued. “I will always stand up to protect Americans’ rights, and I thank my fellow attorneys general for joining me in the effort to safeguard access to reproductive health care.”

The Fifth Circuit’s ruling to reinstate restrictions previously deemed unnecessary by the U.S. Food and Drug Administration (FDA) has sparked concern among health care providers and patients alike, potentially limiting the most common method of abortion and affecting those in need of medical care or pregnancy loss management.

In its brief, the coalition emphasized the safety and efficacy of mifepristone, which they supported with evidence that included clinical research. The attorneys general argue that the lower court’s ruling not only jeopardizes access to vital reproductive health care but also threatens to create confusion among health care providers and disrupt the regulatory framework for drug approvals, potentially stifling scientific innovation and affecting the availability of numerous medications.