FFRF and American Atheists jointly filed this amicus brief before the U.S. Supreme Court on January 30, 2024. This case was a challenge by anti-abortion groups to FDA regulations relating to mifepristone, which can be used to induce abortion.
The brief argued that the anti-abortion groups did not have standing to challenge the FDA regulations. Their injuries relied on hypotheticals and improbable chains of events that, if accepted, would grant judicial review over any number of future implausible and hypothetical injuries. In addition, the brief criticized the manipulation by courts of their jurisdiction in order to favor preferred litigants. The Supreme Court has a history of turning away cases involving alleged violations of civil rights while still deciding cases involving Christian litigants who assert constitutional violations.
This brief was filed in collaboration with American Atheists with contributions by Legal Fellow Sammi Lawrence, Senior Counsel Patrick Elliott, and AA Litigation Counsel Geoffrey Blackwell.
