TRENTON – Governor Phil Murphy and Attorney General Matthew J. Platkin today announced that New Jersey joined the amicus brief, led by the State of New York, in support of the FDA and Danco Laboratories in the U.S. Supreme Court case of Food and Drug Administration, et al., v. Alliance for Hippocratic Medicine, which threatens to restrict or eliminate access to reproductive medications, like mifepristone, that have been the standard of care for most abortions and miscarriage management.

“I want to thank Attorney General Matt Platkin and his office for leading the charge with our New York neighbors against the activists who want to control what should be a deeply personal, individual decision,” said Governor Murphy. “My administration has worked tirelessly to ensure that New Jersey remains a bastion for the fundamental right to make one’s own reproductive choices. This includes protecting access to medications, like mifepristone, which have proven to be a safe and effective, medically-tested reproductive option for years.”

“Going backwards in time and limiting access to medication abortion is contrary to evidence-based healthcare,” said Attorney General Platkin. “I, and other attorneys general across the nation, urge the Supreme Court to reject this baseless attack on reproductive care. And I thank Governor Murphy for his leadership on this issue, so that reproductive decisions can be made where they belong: between patients and doctors.”

The Murphy Administration has been at the forefront of the fight to protect reproductive rights and expand access to reproductive health care. For example, the Board of Medical Examiners and Board of Pharmacy are finalizing procedures to remove barriers to a number of crucial family planning tools to make them even more accessible at pharmacies. An overview of recent administration actions can be found here.

New Jersey has also joined several other amicus briefs in this litigation already. In 2022, New Jersey signed on to an amicus brief opposing plaintiffs’ motion for a preliminary injunction to enjoin FDA approval of mifepristone for medication abortion (# 22-171). Last year, New Jersey signed on to amicus briefs supporting the federal government’s application for an emergency stay in the Fifth Circuit and supporting the federal government’s request for emergency relief in the U.S. Supreme Court (# 23-057), and signed on to an amicus brief supporting the FDA and Danco in their Fifth Circuit appeal of the district court’s decision (# 23-070), as well as their petition for cert to the Supreme Court (# 23-283).

Yesterday, the Reproductive Freedom Alliance – which is comprised of Governor Murphy and 21 other governors – filed a separate amicus curiae brief with the U.S. Supreme Court in the same case, arguing that if the court allows a recent Fifth Circuit decision to stand, it could undermine the ability of governors to provide adequate healthcare services and would have far-reaching implications beyond reproductive healthcare. Additional details on the Reproductive Freedom Alliance filing can be found here.

“I’m proud of the Reproductive Freedom Alliance for spearheading a broader, nationwide effort to protect this fundamental personal liberty,” added Governor Murphy. “Reproductive rights, without access, mean nothing. No matter what steps other states and entities may take to try and restrict access to reproductive health care, New Jersey will never stop fighting to defend these freedoms.”