MoFo Files Amicus Brief to Preserve Medical Abortion Care Through Telemedicine

Morrison Foerster filed an amicus brief in the United States Supreme Court on behalf of 175 health organizations, health care providers, and professors supporting emergency relief from the Fifth Circuit Court of Appeals' May 1st ruling that halted the availability of mifepristone for abortion care through telemedicine.

The brief represents professors from a variety of academic fields, including law, medicine, and public policy, as well as health care providers and researchers. It cites dozens of authorities to demonstrate the widespread use of telehealth for a broad range of health conditions, “from pregnancy to palliative care.” It highlights the critical role of telehealth in expanding access to care for people in rural areas, veterans, and those living with rare diseases. It directs the Court’s attention to academic studies demonstrating not only patient satisfaction but also clinical outcomes that are equal or superior to those achieved through in-person care. The brief concludes, “[t]here is simply no reason to impede the delivery of safe, effective health care through telehealth, and a ruling doing so would undermine the widespread and beneficial use of telehealth for all forms of health care.”

The MoFo team working on the brief was led by Appellate & Supreme Court Chair Joe Palmore alongside litigation partners Daralyn Durie (SF) and Jamie Levitt (NY), associates Megan Baffaro (Boston) and Elaine Hou (DC).

Read the full amicus brief.