Maryland Attorney General Takes Action to Protect Medication Abortion Access

Per the Maryland Attorney General’s Office (1.31.24):  “Maryland Attorney General Anthony G. Brown today joined a multistate coalition of 24 Attorneys General to protect access to medication abortion nationwide.

The coalition filed an amicus brief in the U.S. Supreme Court supporting the U.S. Food and Drug Administration’s (FDA) and Danco Laboratories LLC’s efforts to reverse a ruling by the U.S. Court of Appeals for the Fifth Circuit that reinstated certain restrictions on mifepristone, after the FDA had determined those restrictions were medically unnecessary.

“Restricting access to mifepristone harms countless people in need of medical care, particularly in low income and underserved communities,” said Attorney General Brown. “I will continue to fight for access to safe, affordable, and timely reproductive care that allows people to make their own decisions about the treatment they receive.”

The coalition is urging the Supreme Court to reverse the Fifth Circuit’s decision to restrict how mifepristone can be prescribed and dispensed. In the brief, the coalition argues the Fifth Circuit’s decision ignores decades of high-quality evidence and clinical research that shows mifepristone is safe and effective. The coalition also pointed out that the FDA’s decisions in 2016 to approve a modified label and change the conditions for prescribing mifepristone were supported by strong safety data and decades of experience in healthcare settings.

If the Fifth Circuit’s decision is allowed to take effect, it could disrupt access to the most common method of abortion, harming people needing medical care or pregnancy loss management and cause widespread disruption to healthcare systems. Among other things, the lower court decision could lead many individuals to undergo procedural abortion; drive up risks, costs, and delays; and deprive many people of access to reproductive healthcare altogether.

The coalition further argues that the ruling would create widespread confusion among providers, distributors, and pharmacies and threaten how drug approvals are regulated, stifling scientific innovation and putting the development and availability of thousands of drugs at risk.

In submitting today’s brief, Attorney General Brown joins the Attorneys General of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.”