The ACLU cautions that the Supreme Court should be wary of “inherently untrustworthy witnesses” when making decisions regarding abortion medication.


A recent study has found that women are increasingly stocking up on abortion pills, prompting the American Civil Liberties Union (ACLU) to issue a warning to the Supreme Court about the use of unreliable witnesses and biased research in lower court decisions regarding the widely used abortion pill, mifepristone. The ACLU, along with the Center for Reproductive Rights and The Lawyering Project, argue that the lower courts’ acceptance of claims from anti-abortion rights doctors and medical associations is not supported by scientific evidence and goes against the FDA’s judgment. The groups are supporting the Biden administration in its dispute over mifepristone, which is set to be heard by the Supreme Court on March 26. While access to mifepristone remains unchanged until the final decision is made, the outcome of this case will have a nationwide impact on abortion laws. The ACLU stresses the importance of critically examining the witnesses and research cited in the lower courts’ decisions, as they play a crucial role in determining the legality of the FDA’s actions regarding mifepristone. The key issues before the Supreme Court include whether the doctors and medical associations have the legal right to sue and whether the FDA acted lawfully in relaxing restrictions on mifepristone’s use in 2016 and 2021. The 5th Circuit Court of Appeals has previously ruled in favor of the FDA’s approval of mifepristone, but found the agency’s recent efforts to make the drug more accessible to be potentially unlawful.  

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