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Published: 30 January 2024 30 January 2024

Reproductive Freedom Alliance files brief to protect access to reproductive healthcare, abortion medication 

SANTA FE – Today, the Reproductive Freedom Alliance filed an amicus curiae brief with the Supreme Court in the case of Food and Drug Administration, et al., v. Alliance for Hippocratic Medicine, arguing that, if the Court allows a recent Fifth Circuit decision to stand, it could undermine Governors’ ability to provide adequate healthcare services and would have far-reaching implications beyond reproductive healthcare. 

“New Mexico has seen the impact of the Dobbs decision directly and has stepped up to provide reproductive health care for thousands of women who have lost access to services,” said Gov. Michelle Lujan Grisham, one of 22 governors in the Alliance. “Millions more will lose access if this decision is allowed to stand. We cannot and will not allow that to happen.” 

Mifepristone is a safe, highly effective, and widely used medication prescribed for medication abortions and miscarriage management – used in well over half of all abortions. This medication is a critical component of the reproductive healthcare system in states where abortion remains legal. In addition, mifepristone is regularly used in the safe management and treatment of Cushing's syndrome and uterine leiomyomas. Any rollback of access to mifepristone would cause major disruptions to state healthcare systems, further strain providers, and pose serious health risks to millions of women. Ideological extremists shouldn’t be allowed to overrule medical experts and decades of scientific evidence by curtailing access to safe, effective medication.  

Furthermore, this lawsuit seeks to upend the federal FDA review process – a time-tested gold standard for rigor and risk mitigation – that Governors rely on to protect the health and well-being of their constituents. If the Court allows this decision to stand, there will be severe consequences for patient access to a wide range of safe and effective medications.