Supreme Court maintains the status quo on abortion pills for the time being, with Thomas and Alito dissenting

Mifepristone will continue to be widely available despite ongoing legal challenges. SCOTUS continues to legalize the use of mifepristone in America.

Thanks to the Supreme Court's decision, women across the nation can still currently get mifepristone. In a lawsuit involving the Food and Drug Administration's approval of — and access to — the commonly used abortion drug mifepristone, the Supreme Court on Friday issued a full stay.

The court's decision -- a 7-2 vote with Justices Samuel Alito and Clarence Thomas dissenting -- preserves access to mifepristone as the Biden administration and the pill's manufacturer appeal a lower court ruling that would impose The White House applauded the stay and vowed to vigorously pursue its legal challenges to restrictions on the abortion pill.

President Joe Biden said in a statement that "as a result of the Supreme Court's stay, mifepristone remains available and licensed for safe and effective usage while we continue our struggle in the courts." "I still support FDA's evidence-based approval of mifepristone, and my Administration will continue to uphold FDA's independent, expert authority to examine, approve, and regulate a broad spectrum of prescription medications," the spokesperson said.

The Supreme Court previously postponed a decision on whether to enter the legal dispute over a Texas judge's historic decision halting the FDA's clearance of mifepristone more than 20 years ago by granting itself additional time to make up its mind. Following the Supreme Court's decision to reverse Roe v. Wade last June, medication abortion immediately became the new subject of legal disputes over abortion availability.

A few months after Roe v. Wade, a collection of anti-abortion physicians and organizations, backed by the right-wing legal organization Alliance Defending Freedom, filed a case in Amarillo, Texas, contesting the FDA's evaluation of the effectiveness and safety of mifepristone. On April 7, a judge appointed by Trump, Matthew Kacsmaryk, made a decision in the group's favour. He claimed that when the FDA approved the medicine in 2000, it went beyond its legal powers.

The 5th Circuit Court of Appeals partially overturned Kacsmaryk's order, but nevertheless placed restrictions that would preclude patients from receiving mifepristone by mail.

If the federal agency's expertise were questioned, the Biden administration and Danco Labs, the producer of mifepristone, warned of potential severe repercussions.

Solicitor General Elizabeth Prelogar warned the Supreme Court in a filing this week that the lower court's orders "would thwart FDA's scientific judgment and undermine widespread reliance in a healthcare system that assumes the availability of mifepristone as an alternative to more taxing and invasive surgical abortions."

The administration's worries, according to Alliance Defending Freedom, which represents proponents of the abortion pill, are nothing more than a "sky is falling" rhetoric.

Attorneys for the Alliance Defending Freedom argued briefly to the court, "If this action involved any other medicine, there would not even be a dispute as to whether this Court should intervene mid-litigation stream with exceptional relief."

More than 150 Republican politicians support the conservative plaintiffs in the case, which has polarized the country. On the other side, Democrats and top medical organizations have campaigned for the continuing availability of mifepristone.

As the legal dispute progresses, some states and abortion clinics have been hoarding abortion medications.

Oral arguments in the case will be heard by the 5th Circuit Court of Appeals on May 17.

 



 

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