April 20, 2023

Munger, Tolles & Olson Files Amicus on Behalf of Former FDA Officials in Mifepristone Litigation

Munger, Tolles & Olson is representing a group of former United States Food and Drug Administration (FDA) officials in an amicus brief before the U.S. Supreme Court opposing the high-profile challenge to the FDA’s approval of mifepristone, a drug used in medication abortion procedures.

The amicus brief, filed on behalf of officials who served in both Republican and Democratic administrations, urges the Supreme Court to stay a preliminary injunction issued by the Northern District of Texas that would take mifepristone off the market. It argues that judicial second-guessing of the FDA’s safety determinations will have serious negative consequences for the public health. Additionally, the brief discusses why Congress entrusted drug approvals to the FDA’s scientific judgement and expertise and how the agency’s drug approval process works.

The case before the Supreme Court has garnered extensive media attention and is brought by the Alliance for Hippocratic Medicine. The plaintiffs argue that the FDA did not properly follow federal regulations when it approved mifepristone 23 years ago and seek an injunction to withdraw the FDA’s approval of the drug.

The case is U.S. FDA et al. v. Alliance for Hippocratic Medicine.

About Munger, Tolles & Olson's Pro Bono Practice

Contributing to the community through pro bono work and other forms of volunteerism is a core tenet of the culture at Munger, Tolles & Olson. The firm was one of the charter signatories to the American Bar Association’s pro bono challenge and consistently devotes more than three percent of all attorney time to delivering needed pro bono legal assistance. We are proud to be one of the select group of firms to have received the ABA’s coveted Pro Bono Publico Award.

Learn more about MTO’s pro bono activities.