Liberty Counsel Files Amicus Brief in Abortion Pill Case

May 15, 2023

NEW ORLEANS, LA – Liberty Counsel filed an amicus brief to the U.S. Fifth Circuit Court of Appeals in the case Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration, in which pro-life medical groups assert the federal government improperly approved the chemical abortion drug mifepristone and has illegally distributed it harming women and girls.

Liberty Counsel filed the amicus brief on behalf of the Frederick Douglass Foundation and the National Hispanic Christian Leadership Conference which have a strong interest in exposing the racist and eugenic history of the FDA’s chemical abortion regimen that has had catastrophic effects on their communities. 

Liberty Counsel’s amicus brief states, “The abortion movement in the United States is rooted in eugenics ideology, which seeks to eradicate those who are deemed unfit or undesirable. The advocacy for mifepristone and its subsequent approval by the FDA is a continuation of that eugenic legacy…[mifepristone is] a chemical abortion regimen that indisputably targets Black, Hispanic, and disabled communities and furthers a eugenic ideology.”

For 50 years, Margaret Sanger, a nurse and activist, worked to open contraception clinics in minority neighborhoods and her efforts eventually evolved into the Planned Parenthood movement. Sanger shared the same worldview of eugenics as Charles Darwin and Adolf Hitler, and she saw abortion and birth control as tools to help accomplish population control and to weed out the “undesirable” races and people to evolve a better human race. 

Sanger stated, “More children from the fit and less from the unfit. That is the chief aim of birth control.” 

Fueled by the 1973 Roe v. Wade decision, the movement planted abortion facilities in black and brown neighborhoods to eliminate these races and carry on its racist eugenic objectives. Planned Parenthood—the largest abortion provider in the United States—has continued its founder Margaret Sanger’s legacy of eliminating or preventing unborn children based on race, sex, and disability. 

In the amicus brief, Liberty Counsel presents the fact that today Planned Parenthood has now intentionally located 86 percent of its abortion clinics in or near minority neighborhoods in the 25 U.S. counties with the most abortions.

The brief further states, “Mifepristone and medication abortion are crucial tools of these abortion clinics. 31% of abortion clinics described above offer exclusively chemical abortions using mifepristone …Further, mifepristone’s use has skyrocketed to the extent that currently 67.9% of all early term abortions occur through chemical abortions, usually using mifepristone…Today, mifepristone’s use as part of the chemical abortion regimen is the preferred means of perpetuating this shameful [eugenic] legacy.”

As for Alliance for Hippocratic Medicine v. FDA, U.S. District Court Judge Matthew Kacsmaryk ruled last month that the FDA improperly approved mifepristone in 2000 despite “legitimate safety concerns,” and issued a preliminary injunction suspending the agency’s approval of the drug and blocked the FDA’s subsequent actions to make it widely accessible through mail order and telemedicine prescriptions. The Biden administration immediately appealed asking the Appeals Court to put a hold on that ruling, which it did, staying the lower court’s FDA approval suspension. However, it left the rest of Judge Kacsmaryk’s order regarding prescriptions intact. 

The Biden administration then went to the U.S. Supreme Court requesting that Judge Kacsmaryk’s order be entirely stopped to preserve the status quo while the government’s full appeal continues in the Fifth Circuit. On April 21, the High Court ultimately decided to halt Judge Kacsmaryk’s decision and keep the status quo as the case proceeds to full adjudication at the Appeals Court level. A three-judge panel of the Fifth Circuit is expected to begin hearing the full appeal later this month. 

Mifepristone, part of a two-drug protocol taken with misoprostol, slowly starves a baby to death in the womb over one to two days, and then misoprostol induces labor and causes severe cramping, contractions, and bleeding to expel the baby from the womb. Chemical abortions currently account for more than half of all abortions in the U.S., according to the pro-abortion Guttmacher Institute.

Liberty Counsel Founder and Chairman Mat Staver said, “Chemical abortions harm women physically and emotionally and cruelly kill defenseless children in the womb. Chemical abortion is also rooted in racism and eugenics to eliminate certain races and people. The FDA has disregarded the law and shirked its responsibility to keep people safe and must be held accountable.”

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