Nos. 23-235, 23-236 - In the Supreme Court of the United States

ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT BRIEF OF AMICI CURIAE LOCAL GOVERNMENTS AND LOCAL GOVERNMENT LEADERS IN SUPPORT OF PETITIONERS JONATHAN B. [...] The decision to override the 2016 and 2021 REMS is contrary to the clear weight of the evidence that was before FDA at the time of decision-making. [...] Seeking to distinguish Summers, the Fifth Circuit posited that this Court’s “bigger concern was that plaintiffs failed to prove their claims: they lacked evidence of the number of association members who intended to visit the parks, and when.” Pet. [...] Among the attenuated circumstances involved are the following chain of events: ● a pregnant person chooses to use mifepristone to terminate a pregnancy; ● the usage falls outside of initial authorization, and is connected to the 2016 and 2021 REMS—mifepristone was prescribed based on a telemedicine interaction, mailed to the patient, or prescribed by an APC; ● the person experiences significant co. [...] In sum, none of the declarations relied upon by the Fifth Circuit states that the physicians conscientiously objected to providing care in the particular instance, explain why the doctor chose to proceed without invoking conscience protections, or state that they could not otherwise pass the care to another doctor.