Gov. Evers, AG Kaul Join Multistate Coalition to Urge Supreme Court to Reverse Lower Court’s Ruling on Medication Abortion

Oct 13 2023

MADISON, Wis. – Attorney General Josh Kaul, with authorization from Governor Tony Evers, today joined a multistate coalition of 24 attorneys general in protecting access to medication abortion nationwide. The coalition of attorneys general filed an amicus brief in the U.S. Supreme Court in support of the U.S. Food and Drug Administration’s (FDA) and Danco Laboratories LLC’s petitions to reverse the U.S. Court of Appeals for the Fifth Circuit’s ruling that reinstated certain medically unnecessary, and previously eliminated, restrictions on the medication. Mifepristone is the only FDA-approved abortion medication, and the coalition argues that the Fifth Circuit’s ruling has dangerous consequences on reproductive health care outcomes, particularly for low-income and underserved communities. 


“Mifepristone has been proven safe and effective and has been used for legal abortion services for decades,” said Gov. Evers. “We are going to keep working to restore reproductive freedom in Wisconsin and across our country and protect access to the healthcare services people need, when and where they need them.”


“If it stands, the decision of the court of appeals in this case would further erode abortion access,” said Attorney General Kaul. “The Supreme Court should reverse that decision and protect women’s freedom and health.”


The coalition is urging the Supreme Court to grant the petitions to bring the case on medication abortion before the court. The coalition asks the Supreme Court to reverse the Fifth Circuit’s poorly-reasoned decision that restricts how mifepristone can be prescribed and dispensed. The amicus brief highlights that the Fifth Circuit’s decision ignores decades of high-quality evidence and clinical research that shows mifepristone is safe and effective.


The coalition notes that if the Fifth Circuit’s decision is permitted to take effect, it could disrupt access to the most common method of abortion, harming countless individuals in need of abortion care or management of pregnancy loss, with widespread implications for the healthcare system. Among other things, the ruling could lead many individuals to undergo procedural abortion, push abortion procedures later in pregnancy, drive up risks, costs, and delays, and deprive many individuals of access to reproductive health care altogether. The coalition further argues that the ruling would create widespread confusion among providers, distributers, and pharmacies, and radically destabilize the regulatory process for drug approvals, stifling scientific innovation and imperiling the development and availability of thousands of drugs nationwide.


Joining Attorney General Kaul in submitting today’s amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.