Congressional Digest

Supreme Court Debates April 2024 No. 4 Vol. 27
Mississippi et al., Amici Curiae

The Abortion Pill

The Legality of the FDA’s Drug Approval Process

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Mississippi et al., Amici Curiae

Mississippi is joined in this brief by 21 other states. The following is excerpted from the Amici Curiae Brief for Respondents as submitted to the U.S. Supreme Court on Feb. 29, 2024. This case challenges the [FDA’s] actions adopting an elective-abortion policy that Congress could never pass, that states have rejected and in which the American people had no say. The FDA claims that this court “owes significant deference” to those actions and should review them “deferentially.” The FDA is wrong. This court gives agencies deference on matters of special agency competence, on granular questions requiring technical expertise and on…

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