Ruling in SCOTUS mifepristone case could lead to endless litigation, industry says

In­dus­try groups, mem­bers of Con­gress and state leg­is­la­tures are among the wave of par­ties that asked the Supreme Court on Tues­day to pre­serve the FDA’s reg­u­la­tions around the abor­tion pill mifepri­s­tone as the court gears up to hear oral ar­gu­ments in the high-pro­file case this spring.

More than 30 am­i­cus briefs, draft­ed by groups rang­ing from law­mak­ers to faith groups, were filed Tues­day in the close­ly-watched case brought by the con­ser­v­a­tive ad­vo­ca­cy or­ga­ni­za­tion Al­liance for Hip­po­crat­ic Med­i­cine that seeks to re­strict how the FDA can reg­u­late mifepri­s­tone. In­dus­try groups who filed briefs un­der­score that the Fifth Cir­cuit Court of Ap­peals’ rul­ing, which reined in the FDA’s reg­u­la­tion of the pill, could se­vere­ly desta­bi­lize the in­dus­try and open the door to end­less lit­i­ga­tion to de­ter­mine how prod­ucts can be pre­scribed.

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