On Tuesday, March 26, 2024, the U.S. Supreme Court heard oral argument in U.S. Food & Drug Administration v. Alliance for Hippocratic Medicine. This was the first time CMDA was a named party in a U.S. Supreme Court case, a monumental and historic moment in CMDA’s ongoing advocacy work to protect the vulnerable and protect the conscience freedoms of our members—no matter what.

 

About the Case

In 2000, the U.S. Food and Drug Administration (FDA) approved Mifeprex (mifepristone), a new drug with unique progesterone-blocking properties for use to induce a chemical abortion along with a previously approved uterine contractile agent, misoprostol. This chemical abortion regimen was approved with specific safety standards in place. Those safety standards included three in-person evaluations of the patient to estimate the dates of the pregnancy, rule out ectopic pregnancy and follow up after administering the drugs to check for excessive blood loss and severe infection. Since its initial approval, the FDA has removed the requirement for in-person visits, markedly increasing the risk of mistaking the age of the pregnancy, missing ectopic pregnancies, severe infection and excessive hemorrhage. In 2016, the FDA also removed the requirement for prescribers to report serious complications from the drugs, with the exception of death. By eliminating the requirement that doctors provide in-person care, the FDA has endangered the girls and women who take these high-risk drugs all alone at home or in their dorm rooms.

 

In 2022, represented by Alliance Defending Freedom (ADF), CMDA, together with other national medical associations and individual doctors, sued the FDA to hold it accountable for endangering the health and safety of women and girls. In 2023, the U.S. Court of Appeals for the Fifth Circuit ruled that the FDA acted unlawfully in removing these important safety standards. The U.S. Supreme Court agreed to review the case and heard oral argument on March 26, 2024.

 

Views from Inside the Court

CMDA CEO Dr. Mike Chupp and CMDA Senior Vice President of Bioethics and Public Policy Dr. Jeff Barrows were privileged to be inside the U.S. Supreme Court listening to the oral argument in this case.

 

“Both Jeff and I want you to know how grateful we are for you and your commitment to pray for us, our lawyers with Alliance Defending Freedom and much more. About an hour before she argued before the court, I was able to share with Alliance Defending Freedom attorney Erin Hawley that more than 500 CMDA members were actively praying for her. That was an encouragement to her, so you can know your prayers made a difference! The specific point that stands out to me is how the solicitor general and the justices engaged in a discussion about the absolute necessity of protecting conscience freedoms of doctors of faith. That was a great encouragement to us and our litigation team. According to our lawyers, the solicitor general made a monumental concession when she proclaimed that federal law protects the conscience rights of doctors, including those who work in emergency rooms and hospitals.” —Dr. Mike Chupp

 

 

“This hearing was about the preliminary injunction and establishing that our members will experience harms, such as conscience violations, when they end up being forced into treating patients suffering from complications of chemical abortion. Erin Hawley did a great job of reinforcing the fact that by the FDA’s own statistics, one in 25 women who take the abortion drug regimen will end up in the emergency room for our members to take care of them.” —Dr. Jeff Barrows

 

Views from Outside the Court

During oral argument, dozens of healthcare professionals and students from CMDA, the American Association of Pro-life Obstetricians and Gynecologists (AAPLOG) and other like-minded organizations joined together to hold a rally outside on the steps of the court. What an incredible display of camaraderie as we stood together to make our voices heard and protect women’s health. We’ve included two personal testimonies from CMDA members who participated in this rally.

 

                                                           

 

The call to serve at the March 2024 rally held at the U.S. Supreme Court was received loud and clear from the CMDA email inviting interested healthcare professionals to join this momentous effort. I was a new physician assistant graduate in between jobs, and I couldn’t think of a better way to kickstart my healthcare career than standing alongside veteran heroes who have dedicated their lives to protecting and speaking up for the youngest of humanity and their mothers.

 

Above all, I am a Christian physician assistant, and I wholeheartedly desire to speak truth and to serve Jesus and His kingdom. Afterall, that’s who I am really working for while on earth. As Jesus loves each of us, that is what I imagined we would be doing through our efforts at this rally—expressing our love and desire to protect mothers and their children who have been placed at risk for loss of life and/or critical injury.

 

I had no idea God would pair me with a former abortion doctor turned Christian OB/Gyn when I expressed interest in sharing hotel accommodations. It was a miracle the cost would be more affordable (especially with rates in Washington, D.C.), but after confirming the hotel reservations, I later learned the person I would be sharing hotel accommodations with was Dr. Patti Giebink, as in, THE Patti Giebink who I had heard sharing her testimony on “The 700 Club.” I was in shock and wondered what in the world God was up to.

 

I still had two long white coats hanging in my closet that I had not put on since graduating physician assistant school, although I had been volunteering and was employed as a new graduate. However, now felt like the right time to finally wear my long white coat, advocating for something as noble as protecting the lives of unborn humans and their mothers. Wearing my long white coat on the steps of the Supreme Court felt to be a declaration in spirit and to the world that, by the grace of God, I will always stand for truth, righteousness and life. As a social worker, I had always advocated for the rights and welfare of my patients and clients. Being a physician assistant will allow me to go places I had never or could never go previously. I couldn’t think of a better time or way to advocate than rallying alongside such heroes in my eyes.

 

What I didn’t expect was there to be hundreds of heroes at that rally who shared the same heart and concern as me, Dr. Giebink and countless others at CMDA. My eyes were opened, and I realized the profundity of the collective voice of each of us from all walks of life and professions who sing the song of hope and victory. Thank you, CMDA, Dr. Giebink and every person and organization represented at that rally for caring deeply for your spiritual neighbors, brothers and sisters who are made in the image of God and by the hand of the Almighty. It was a true honor to participate in this event, and I pray our efforts made and will continue to make a positive difference in the lives of mothers and their unborn children.

—Melody Moore, PA-C

 

                                                                       

 

It was a privilege to be invited to Washington, D.C. in March when this case was heard. Even though the Supreme Court justices declined to address the FDA’s reckless actions, it should have brought attention to the fact that lax FDA policies concerning Mifepristone put women in danger. However, media spun the story to sound like this was an access to abortion case, not safe practices.

 

The highlight of my trip was meeting and spending time with Melody Moore, a physician assistant from North Carolina. We walked to the meetings and toured that area of D.C., putting in miles. The cherry blossoms were in full bloom and their perfume perfused the air.

 

On Tuesday morning, we met and walked to the front of the U.S. Supreme Court, where a large crowd of demonstrators gathered with big signs and loud voices, spouting pro-abortion slogans and slamming us as liars and worse. We were prepared in our white coats and carrying signs that read: “FDA do your job,” “Women’s Health Matters” and “FDA put women first.” It was cold as we stood there for four hours praying for our people inside.

 

As we stood there with our signs, we listened to heartbreaking testimonies from women who took the abortion pills, one even unknowingly. One woman told of her husband spiking her smoothies with the drugs, but he was caught and prosecuted. Several women recounted being alone at home passing unbelievable amounts of blood and clots with no one to call, uncertain what to do with the products/the baby.

 

Back in my home state of South Dakota, the fight continues. Following the Dobbs v. Jackson Women’s Health Organization decision in 2022, South Dakota’s trigger ban took effect, which prohibits induced abortion except to save the life of the mother. During this time, countless lies and mistruths have been spread about the practice of obstetrics, leaving some physicians wondering whether they can care for their pregnant patients. Don’t be deceived by fearmongering. Unless you want to perform an induced abortion for no other reason than [to] terminate the life of the unborn fetus, you are covered. The law is clear and is based on intent. My intent as an obstetrics physician is a healthy mother and a healthy baby. Some complications require early delivery in which the baby may not survive. The child’s death is a tragedy, but it was never the intended outcome.

 

However, a group of political activists with a radical proposal seeks to enshrine induced abortion into our state constitution in November 2024. At first blush, it doesn’t appear too bad, even to pro-life healthcare professionals. However, the wording is intentionally vague and misleading, and it uses the unscientific language of “trimesters.” This group uses the phrase “restore Roe” as one of its battle cries. Why would we want to go back 50 years? Think about the amazing progress we’ve made in science and healthcare during this time and the numerous other options available now. This measure will make induced abortion legal throughout all nine months, and in the first “trimester,” there can be no regulations! No criteria for informed consent, no waiting period, no parental rights, no clinic standards, no screening for coercion, none. This measure is actually worse than Roe.

 

What can you do? This is not the time to sit back and let someone else worry about it. If we do nothing, this measure will pass, like a similar amendment in Ohio. It will permanently affect the practice of healthcare. Encourage like-minded co-workers to join in CMDA’s advocacy efforts. Arm yourself with reliable information and please help us fight and win this battle.

—Patricia Giebink, MD

                                                           

 

The Result

Sadly, when the U.S. Supreme Court released its decision on June 13, 2024, it did not address the FDA’s reckless removal of its longstanding protections for women. The FDA managed to escape accountability based on a legal technicality, but nothing in this decision changes the fact that the FDA’s own label for these drugs says that roughly one in 25 women who use them will end up in the emergency room. In other words, the FDA’s actions are as wrong now as they were previously, and we are grateful for the three states (Missouri, Kansas and Idaho) who have already intervened in the lower court and stand ready to hold the FDA accountable and protect women’s health.

 

The bottom line is that women should have the ongoing care of a doctor when taking high-risk drugs. The FDA betrayed women and girls when it removed the in-person doctor visits that protected women’s health and well-being. As healthcare professionals, we witness women suffering harms caused by the FDA’s reckless actions. Data cited by the FDA shows that hospitalizations increased more than 300 percent with no in-person doctor visit, and yet still the FDA removed all three of them. We’ve seen these harmful results firsthand. Women deserve real healthcare.

 

Please pray alongside us that the FDA will ultimately be held accountable and women’s health will be protected. Pray as well for CMDA members around the country, as they increasingly care for women who suffer from complications caused by chemical abortion drugs. In spite of this disappointing result, we at CMDA will continue to advocate for women’s health and seek to restore commonsense safeguards for abortion drugs—no matter what.

 

The Next Steps

Though the decision was disappointing, we were pleased that both the Supreme Court and the FDA affirmed broad conscience protections for healthcare professionals. That is a major victory, which will protect CMDA members from being required to provide abortions or other medical treatment against their conscience. We will continue to fight for our members as we seek to protect their conscience freedoms—no matter what.

 

Through this case and our ongoing advocacy efforts, we are on the frontlines as we work to protect the vulnerable. In fact, this case was only part of our work in advocacy here at CMDA. Will you prayerfully consider getting involved in CMDA’s advocacy efforts in your individual state? To get involved, visit cmda.org/advocacy.

 

Thank you for your prayers throughout this legal initiative. May God give each of us renewed courage and confidence as we speak His truth—no matter what!

                                                                                                                                               

 

About the Authors

Jeffrey Barrows, DO, MA (Ethics), is Senior Vice President of Bioethics and Public Policy for CMDA. Dr. Barrows is an obstetrician/gynecologist, author, educator, medical ethicist and speaker. He completed his medical degree at the Des Moines College of Osteopathic Medicine and Surgery in 1978 and his residency training in obstetrics and gynecology at Doctors Hospital in Columbus, Ohio. In 2006, he completed a master’s in bioethics from Trinity International University in Chicago, Illinois. Dr. Barrows served as the director of CMDA’s Medical Education International (MEI) from 2002 to 2005 before transitioning into the fight against human trafficking. He dedicated 15 years of his career to fighting against human trafficking within the intersection of trafficking and healthcare, as well as the rehabilitation of survivors of child sex trafficking. In 2008, Dr. Barrows founded Gracehaven, an organization assisting victims of domestic minor sex trafficking in Ohio. In 2020, Dr. Barrows published a novel entitled Finding Freedom that realistically portrays child sex trafficking in the U.S.

 

Mandi L. Morrin serves as CMDA’s Vice President of Communications and Events, where she leads the ministry’s communications initiatives and oversees the development and execution of the CMDA National Convention each year. She is instrumental in the publication of CMDA Today and CMDA Matters, as well as the design and production of a variety of other resources produced by CMDA. She manages and implements the ministry’s communication initiatives including media relations, news releases and media interviews, and she oversees a media training conference each year. She received her bachelor’s degree in communications with an emphasis in journalism from Milligan University in Johnson City, Tennessee in 2006. Despite having lived in Tennessee for more than 20 years, Mandi is an avid Kentucky Wildcats basketball fan. Mandi, her husband Chad and their dog Clyde reside in Bristol, Tennessee.

                                                                                                                                               

 

Get Legal Help

As a result of a partnership between CMDA and Alliance Defending Freedom, we are now offering free legal consultations for CMDA members who may be experiencing conscience freedom issues in the workplace. Exclusively available to CMDA members, this program is designed to serve members who feel they are being discriminated against in the workplace due to their firmly held moral and religious beliefs. If you feel your conscience freedoms are at risk, please visit cmda.org/legal to learn more about how we can help.

 

Learn More

You can learn more about this case and CMDA’s advocacy efforts by listening to The Voice of Advocacy, a new monthly podcast from CMDA Advocacy. Hosted by Senior Vice President of Bioethics and Public Policy Dr. Jeff Barrows, each episode features special guests that can help you dive deeper into ethical issues and learn about our grassroots efforts at the state and federal level, our legal work and how you can be involved in achieving justice for the vulnerable. To listen to the latest episode, visit cmda.org/advocacy.