Mifepristone: US Supreme Court preserves abortion drug access
The US Supreme Court decided that a routinely used abortion medicine can continue to be sold while a legal dispute is ongoing, protecting access to it.
It also rejected mifepristone limits put in place by a lower court in a divided judgment, essentially upholding the status quo.
A Texas judge’s attempt to overturn the drug’s longstanding approval raised concerns about its future.
The lawsuit might have significant effects on how easily women can have abortions.
It follows the Supreme Court’s 6-3 conservative majority overturning Roe v. Wade in June of last year, which ended the federal guarantee of abortion rights and granted states the authority to outlaw the operation.
The mifepristone case has been remanded to the lower 5th Circuit Court of Appeals following Friday’s decision.
The Supreme Court is likely to hear the case again, setting up the most important abortion-related decision since Roe was overturned.
A two-drug combination that includes mifepristone now accounts for more than half of all abortions performed in the nation. More than five million women in the US have used it to end their pregnancies.
After four years of evaluation, the US Food and Drug Administration (FDA) gave it its initial approval more than 20 years ago.
Mifepristone was also included by the FDA in a group of 60 medications that are subject to additional regulations and routine reviews.
The abortion pill is safe and effective, according to mainstream medical organizations including the World Health Organization and the American College of Obstetricians and Gynecologists.
However, Texas court judge Matthew Kacsmaryk decided earlier this month to revoke the FDA’s approval of mifepristone, citing the
Judge Kacsmaryk’s preliminary decision came after a group of anti-abortion health professionals launched a case challenging the safety of mifepristone.
His 7 April ruling was made just minutes before a decision from a judge in Washington state ordered the FDA to make no change to the drug’s availability and preserved access to mifepristone in 17 US states.
US President Joe Biden’s administration appealed the Texas ruling, and asked for the Texas court’s order to be placed on hold.
A divided appeals court said mifepristone could remain available, but with certain restrictions, while the appeal was under way.
Among the restrictions imposed by the 5th Circuit Court of Appeals was a limit on sending the pills by mail, effectively requiring in-person visits. These restrictions have now been overturned by the Supreme Court, for now.
Two of the Supreme Court’s conservative members, Justice Clarence Thomas and Justice Samuel Alito, dissented publicly to the decision, which came in a single paragraph, issued hours before a self-imposed deadline.
Justice Thomas provided no reasons for his dissent, while Justice Alito wrote that the Supreme Court has been criticised in the past for issuing emergency orders, called the “shadow docket” by critics.
A full vote breakdown was not released.