Apr 19, 2023

1 Kan. GOP lawmaker did not sign brief supporting abortion pill ban

Posted Apr 19, 2023 10:58 AM
About 60% of abortions in Kansas involve the abortion pill. photo Associated Press
About 60% of abortions in Kansas involve the abortion pill. photo Associated Press

WASHINGTON – Nearly 150 lawmakers including all GOP members of the Kansas Congressional delegation except Senator Jerry Moran signed a brief on Tuesday urging the United State's Supreme Court to uphold a ruling limiting the use of the abortion pill.

The 23 members of the Senate are nearly half the Senate GOP conference supporting the 5th circuit’s ruling that put sharply stricter limits on the abortion drug nationwide

Click here to read the brief

The updated brief filed Tuesday is similar to the briefs filed by Members in Alliance for Hippocratic Medicine v. FDA at the district and circuit court levels, but with updates in light of the Fifth Circuit’s ruling.  Americans United for Life authored the briefs, according to a statement from U.S. Senator Cindy Hyde-Smith of Mississippi.

“The FDA’s unlawful deregulation of chemical abortion drugs subverts Congress’ public policy considerations and safeguards for patient safety.  Amici respectfully urge this Court to deny the application for a stay of the District Court’s order because the FDA exceeded the scope of its authorized power, and endangered the health and safety of women and girls seeking chemical abortion drugs,” the lawmakers’ brief concludes.

The Supreme Court brief argues that emergency appeals by DOJ and Danco Laboratories, LLC should be denied because:

  1. The FDA failure to adhere to the FFDCA drug approval process has created grave risks to the health and safety of women and girls.
  2. The FDA endangers pregnant adolescents seeking chemical abortion drugs by unlawfully subverting the pediatric study requirement.
  3. The FDA has created serious hazards for women’s health and safety by permitting mail-order chemical abortion drugs in violation of federal law.

In response to the emergency appeals, the Supreme Court issued an administrative stay of the district court’s order in Alliance for Hippocratic Medicine v. FDA, as partially stayed by the Fifth Circuit, until 11:59 p.m., Wednesday, April 19.

In addition to Hyde-Smith, chair of the Senate Pro-Life Caucus, the amicus brief was signed by U.S. Senators John Barrasso (R-Wyo.), Mike Braun (R-Ind.), Katie Britt (R-Ala.), Ted Budd (R-N.C.), Bill Cassidy, M.D. (R-La.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Josh Hawley (R-Mo.), John Hoeven (R-N.D.), James Lankford (R-Okla.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), Roger Marshall, M.D. (R-Kan.), Markwayne Mullin (R-Okla.), James Risch (R-Idaho), Marco Rubio (R-Fla.), Rick Scott (R-Fla.), John Thune (R-S.D.), Tommy Tuberville (R-Ala.), and Roger Wicker (R-Miss.).

124 Members of the House of Representatives signed including Ron Estes, Jake LaTurner, Tracey Mann of Kansas.