April 21, 2023

ACS Statement in Response to the Supreme Court's Stay in Mifepristone Case

Nancy Rodriguez, media@acslaw.org

Washington, DC - The U.S. Supreme Court stayed in full Judge Kacsmaryk’s district court ruling regarding the FDA’s approval of Mifepristone pending appeal. In response to the stay, ACS President Russ Feingold released the following statement:

"Most importantly, patients and providers remain able to access Mifepristone, a drug that is safer than Tylenol or Penicillin and that has been used by over 5 million people in the more than twenty years since the FDA approved it. The Supreme Court rightfully stayed in full Judge Kacsmaryk's extreme and legally unsound decision which twisted itself into knots to reach its partisan result. People should continue to seek out the reproductive medical care they want and need.

While the Supreme Court has at least temporarily restored clarity to Mifepristone access, this litigation is a direct result of the Court's devastating and unprecedented decision in Dobbs v. Jackson Women's Health last year. In that case, for the first time in our country's history, the Court eliminated a federal constitutional right. The decision has inspired litigants to pursue outrageous legal claims like this one, further taking aim at reproductive healthcare and our fundamental freedoms. Regardless of the final outcome in this case, patients and providers will continue to suffer immeasurable harm from Dobbs, and this will not be the last preposterous lawsuit inspired by it.”


The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that strengthen our democratic legitimacy, uphold the rule of law, and redress the founding failures of our Constitution and enduring inequities in our laws in pursuit of realized equality. For more information, visit us at www.acslaw.org or on Twitter @acslaw.