STATEMENT OF INTEREST OF AMICI CURIAE

It is undisputed that a new, distinct human organism comes into existence during the process of fertilization. Many drugs and devices labeled by the U.S. Food and Drug Administration as “contraception,” however, have post-fertilization mechanisms of action— which means that these drugs and devices work after a new human organism is created (at fertilization) but before implantation. While such contraceptive methods may prevent implantation and therefore “pregnancy,” as defined by Defendants and their amici, these drugs and devices can also end the life of a new human organism.

Amici Curiae—which include for-profit companies as well as national healthcare nonprofit organizations, described below—are sensitive to healthcare disparities and support a variety of public and private efforts that address health care affordability and accessibility. Amici oppose, however, Defendants’ mandate imposed on nearly all private insurance plans to cover drugs and devices with post-fertilization (i.e., life-ending) mechanisms of action. This mandate violates the genuine and sincerely held religious beliefs and freedom of conscience of the Plaintiffs. Based on the destructive, post-fertilization effect of “emergency contraception” and the coercive, unconstitutional actions of Defendants to compel Plaintiffs to pay for those drugs and devices with post-fertilization (i.e. life-ending) mechanisms of action, Amici urge this Court to affirm the decision of the United States Court of Appeals for the Tenth Circuit and reverse the decision of the United States Court of Appeals for the Third Circuit Court.

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