What’s Next In The National Chemical Abortion Case?

On Friday, April 21, the Supreme Court upheld the status quo allowing chemical abortion distribution to continue. They did not write an opinion, so we don’t have much guidance, but the status quo was preserved while the case against the chemical abortion pill is on appeal.  The Court “stayed” or stopped the rulings of the courts below that would have limited or banned chemical abortion pill distribution throughout America. But that could still happen. The Justice Foundation has filed two briefs already, we will now file a third at The Fifth Circuit on behalf of Women Injured by Abortion and The Moral Outcry Petition with all your signatures.

The Fifth Circuit Court of Appeals has set the case for Oral Argument on May 17, in New Orleans, at 1pm. So far these decisions have been very preliminary rulings.  Our best chance for a well-considered, well-written substantial victory will be at the Fifth Circuit Court of Appeals.  The Court will hear the Oral Argument on May 17, and then within a couple of weeks probably, write a lengthy opinion explaining their decision.

We will be filing an amended new brief at the Fifth Circuit on behalf of The Moral Outcry Petition and Women Injured By Abortion and other clients. We, as well as the emergency room doctors who brought the suit originally, will be emphasizing the following:

• The abortion pill is tragically more dangerous and traumatic to women than surgical abortion.
• The FDA failed to follow the law in its approval of the abortion pill regimen to the great damage, including death, of women.
• Federal law, the Comstock Act, prohibits the distribution of any abortion pills through the mail or by common carrier, like FedEx or UPS. This is very significant, and should stop all abortion drugs from being shipped nationwide.
• The FDA relaxation of safety rules allows forced abortions to significantly increase.

These are important points.

We need your help, primarily prayers, to make sure that these arguments are well presented and that we have the capability to go to New Orleans and be present for the Oral Argument.  We are also organizing prayer both the day before, the day of and the day after the Court oral argument.  If you want to join any of the online prayer times, please let us know at info@txjf.org.

If you have already given a gift, please accept our deepest appreciation.  We pray that the Lord richly bless you. If you have not had a chance to give, a gift of any amount would be deeply appreciated.  If you are able to make monthly gifts, that is also deeply appreciated and provides great financial stability, so that whatever needed work comes in the future can be handled well.  You may give here.  We provide all our legal services for free because supporters like you give generously.

I expect this case to go back to the Supreme Court in mid or late June, or possibly the Fall, but the Court is likely to eventually uphold the law and eliminate chemical abortion pill distribution throughout America, after all that is what the Comstock Law says is the law. The Court should follow the law.

Here is a TV interview I recently did about this case.