Fifth Circuit Court of Appeals rules on merits of case
By Rep. Chris Smith (R-NJ), Co-Chair of the Congressional Pro-Life Caucus
Editor’s note. Rep. Smith was responding to the ruling by the Fifth Circuit Court of Appeals that, pending consideration by the Supreme Court, would reinstate the stronger protections for the chemical abortion pill mifepristone that were in place before 2016.

Mifepristone was created to starve unborn babies to death and poses significant risks to the mother’s health. While these dangers should have been reason enough not to put this drug out on the market, the FDA was unable to ignore them and originally attached stricter safety regulations to the drug’s use upon approval in 2000.
Beginning with President Clinton, the FDA—our gatekeeper for drug safety—has actively promoted the abortion poison/baby starvation pill and failed to adhere to its own testing protocols in the interest of protecting women and girls from a predatory abortion industry.
Tragically, the FDA has instead enabled the abortion industry to prey on women and girls during their most vulnerable moments of need and has gone so far as to classify pregnancy as an ‘illness.’
Today, ‘adverse’ health events—complications—aren’t even reported to the FDA. That is outrageous and does a grave disservice to women.”
The complaint filed by Alliance Defending Freedom (ADF)notes that in addition to killing the unborn child, abortion poison/baby starvation pills present significant health risks to women:
- Chemical abortion has a complication rate four times higher than surgical abortions—with chemical-abortion-related ER visits increasing over 500 percent between 2002-2015;
- One in five women who undergo a chemical abortion will suffer a complication, including life-threatening hemorrhage, infection, need for emergency surgery, inability to have future successful pregnancies, or even death; and
- Taking mifepristone with an unknown ectopic pregnancy is life-threatening. An ultrasound is the best way to confirm the baby’s age and to make sure the pregnancy is not ectopic, which mifepristone cannot treat; however, the FDA has never required an ultrasound prior to a chemical abortion.
Since the FDA failed to uphold its duty, the group of highly ethical doctors in this case have been relentlessly pursuing the truth in their efforts to hold the FDA accountable and I am grateful for their tenacity over the past 20 years
These doctors’ efforts to protect vulnerable women and girls are finally being realized with the Fifth Circuit’s decision to reinstate the original safety regulations surrounding Mifepristone. We will continue to support these life-affirming doctors as the case is likely to be appealed to the Supreme Court.”