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Mifepristone is a progesterone-blocking drug first 聽in 2000 as a nonsurgical prescription option for medical termination of a pregnancy. ADF filed the lawsuit on behalf of four groups, including the anti-LGBTQ+ hate group American College of Pediatricians聽(ACPeds). ADF and ACPeds have been accused of asserting dubious claims in legal filings challenging reproductive and LGBTQ+ rights.

In the notice 鈥� published more than a year after ADF filed the case 鈥� Sage 聽鈥渦ndeclared conflicts of interest鈥� and 鈥渁 lack of scientific rigor that invalidates or renders unreliable the authors鈥� conclusions鈥� as reasons for retracting the articles.

ADF cited one study, published in the journal Health Services Research and Managerial Epidemiology in 2021, to claim medication abortions 鈥� what it referred to as 鈥渃hemical abortions鈥� - are 鈥渙ver fifty percent more likely than surgical abortions to result in an emergency department visit within thirty days.鈥�

ADF cited another study, published in the same journal in 2022, to claim 鈥渃hemical abortion鈥� was 鈥渕iscoded as miscarriage in the emergency room...sixty percent of the time鈥� which created 鈥渟ignificantly greater risk of needing multiple hospitalizations and follow-up surgery.鈥�

Both papers, which 鈥渞ely on the same dataset,鈥� make 鈥渦njustified or incorrect factual assumptions, material errors in the authors鈥� analysis of the data, and misleading presentations of the data鈥� that 鈥渋nvalidate the authors鈥� conclusions in whole or in part,鈥� 聽a Sage Committee of Publication Ethics (COPE) review.

A representative from the FDA told Hatewatch it does not comment on possible, pending or ongoing litigation.

ADF did not respond to a request for comment, but ADF Senior Counsel Erik Baptist聽 in an email, "ADF has never relied on these studies for the issues that are currently before the Supreme Court, so this will not have any impact on the court's consideration."

CNN 聽that the federal district court judge overseeing the case, Matthew Kacsmaryk, used claims derived from both studies to support his 2023 order suspending the use of mifepristone.

Questions about evidence

ADF and ACPeds have previously faced questions about the presentation of evidence in support of anti-abortion and anti-LGBTQ+ litigation. ACPeds, a group that splintered from the American Academy of Pediatrics in 2002 over its support for marriage equality, has been 聽of cherry-picking data to support anti-abortion arguments in cases challenging reproductive rights. Hatewatch 聽that former ACPeds president Dr. Quentin Van Meter misrepresented his credentials in court filings challenging LGBTQ+ health care in two cases between 2022 and 2023.

Hatewatch also reported聽that ADF solicited anti-trans 鈥渞esearch鈥� from ACPeds, asking the group to help find evidence to 鈥渟ubstantiate鈥� its legal claims challenging civil rights protections for transgender school students as early as 2014.

In 2023, ADF litigator Erin Morrow Hawley, spouse of U.S. Sen. Josh Hawley, R-Mo, faced calls for sanctions after 聽in a court filing became known in the case of a Colorado website designer challenging that state鈥檚 nondiscrimination protections for gay couples.

In that case, the Supreme Court ruled the state鈥檚 nondiscrimination law would unconstitutionally 鈥渃ompel鈥� the web designer to 鈥渆xpress messages contrary to her beliefs,鈥� according . Erin Morrow Hawley is listed as a member of the ADF legal team challenging the FDA鈥檚 approval of mifepristone.

Creede Newton contributed to this report.

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