<span class ="kicker">113 members of Congress submit amicus brief</span>Rep. Smith, Sen. Cassidy lead bicameral amicus brief to Supreme Court urging reversal of the Biden FDA’s mail-order abortion policy

This press release from Representative Christopher H. Smith (R-NJ) was published on 2026-05-08 and titled "<span class ="kicker">113 members of Congress submit amicus brief</span>Rep. Smith, Sen. Cassidy lead bicame". It focuses on healthcare and touches on abortion, taxes.

<span class ="kicker">113 members of Congress submit amicus brief</span>Rep. Smith, Sen. Cassidy lead bicameral amicus brief to Supreme Court urging reversal of the Biden FDA’s mail-order abortion policy

Rep. Chris Smith (R-NJ), Co-Chair of the House Pro-Life Caucus; Sen. Bill Cassidy, M.D. (R-LA), Chairman of the Senate Committee on Health, Education, Labor Pensions (HELP); and more than 110 Republican lawmakers filed an amicus brief to the Supreme Court, urging the Justices to uphold the Fifth Circuit Court of Appeals’ ruling in The State of Louisiana v. U.S. Food and Drug Administration (FDA), which halted the Biden Administration’s dangerous mail-order abortion pill policy while litigation continues. The amicus brief , first obtained by Fox News and co-signed by 113 Republican lawmakers—including Speaker of the House Mike Johnson (R-LA), Senate Majority Leader John Thune (R-SD), House Majority Leader Steve Scalise (R-LA), House Majority Whip Tom Emmer (R-MN), House Republican Conference Chairwoman Lisa C. McClain (R-MI), and Senate Republican Conference Chair Tom Cotton (R-AR)—encourages the highest court in the land to reaffirm the Fifth Circuit’s decision and deny two abortion drug manufacturers, Danco Laboratories’ and GenBioPro’s, requests to stay that judgment. In the brief, the Republican legislators write, “The Biden administration in 2023 lifted a key safety requirement in the FDA’s Risk Evaluation and Mitigation Strategy (REMS)—the requirement of in-person dispensing of mifepristone, one of two drugs that are used to chemically induce abortion.” The authors of the brief underscore the policy reversal’s significant, negative health implications for mothers and babies, arguing that “the Biden FDA did not have a sufficient evidentiary basis to conclude that eliminating the in-person dispensing requirement was safe. And because no in-person visit is required now, women cannot be meaningfully screened for serious contraindications for the use of this drug, such as ectopic pregnancy. “It also increases the likelihood that some women are being coerced into taking these drugs against their will, as the heartbreaking story of Plaintiff Rosalie Markezich illustrates,” the co-signatories continue. “In an effort to subvert the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization , Biden’s radical, pro-abortion FDA completely overstepped its authority and removed mifepristone’s in-person dispensing requirement,” said Smith , who, earlier this year, led an amicus brief in support of Louisiana Attorney General Liz Murrill regarding the Biden FDA’s illegal mail-order abortion policy. “The Biden FDA’s reckless decision, which has led to the mass proliferation of this baby poison pill, placed extremist pro-abortion ideology above medical due diligence. Mifepristone is extremely dangerous to women—in fact, more than one in ten women who take the chemical abortion drug experience sepsis, infection, hemorrhaging, or another serious adverse event within 45 days,” he continued . “Without the in-person dispensing requirement, women are being mailed this dangerous drug, absent any real interaction with a medical professional and without proper screening for contraindications, coercion, or other serious health concerns. The Fifth Circuit Court recognized and affirmed these glaring concerns, and I am hopeful that the Supreme Court will uphold the lower court’s decision and protect mothers and their babies,” Smith concluded . Sen. Cassidy, M.D. said: “I am grateful to my home state of Louisiana for leading the effort to defend women and babies in our state and across the country. Chemical abortion drugs kill innocent children and put mothers’ lives at risk. Safeguards protecting against coercion, such as the in-person dispensing requirement, must be reinstated immediately. The Fifth Circuit got this right, and I urge the Supreme Court to affirm that decision.” Marjorie Dannenfelser, President of Susan B. Anthony Pro-Life America, said: “We’re deeply grateful to pro-life champions Senator Bill Cassidy and Representative Chris Smith for leading this amicus brief in support of Louisiana and courageous survivor Rosalie Markezich against the FDA’s reckless mail-order abortion policy. The FDA’s decision to side with the abortion industry and allow dangerous abortion drugs to be shipped nationwide without an in-person doctor’s visit is unacceptable. “This policy kills countless unborn children, enables coercion and abuse, and gravely endangers women and girls, while the FDA callously ignores the well-documented harms that states and survivors have warned about for years. We are thankful for the members of Congress fiercely supporting pro-life states like Louisiana and survivors who are seeking justice in court,” she concluded. House Cosigners (85): Reps. Chris Smith (R-NJ), Speaker Johnson (R-LA), Leader Scalise (R-LA), Whip Emmer (R-MN), Chairwoman McClain (R-MI), Aderholt (R-AL), Alford (R-MO), Arrington (R-TX), Bean (R-FL), Bentz (R-OR), Andy Biggs (R-AZ), Sheri Biggs (R-SC), Bilirakis (R-FL), Boebert (R-CO), Bost (R-IL), Brecheen (R-OK), Burlison (R-MO), Cammack (R-FL), Carter (R-TX), Cline (R-VA), Clyde