Supreme Court reserves access to abortion pill now — justices vote 7-2 to allow access, with conservative Justices Alito and Thomas denying
- On Friday, the Supreme Court issued a temporary ruling on access to the abortion drug mifepristone
- A Texas federal court on April 7 blocked distribution of the grain: Hours later, a Washington federal court guaranteed access, setting the stage for a fight
- Friday’s decision maintains FDA approval of the drug, which is used in more than half of all abortions in the United States.
The Supreme Court maintained access to the abortion pill mifepristone, overturning a ruling in Texas and ensuring that women could obtain the drug while the legal case was ongoing.
The case went to court after a Texas federal judge ruled April 7 that the FDA’s approval of the drug was not legal.
Hours later, a judge in Washington state issued the opposite ruling, clearing the way for the Supreme Court’s decision.
On Friday they voted 7-2 to continue allowing women access to the drug, which was approved by the Food and Drug Administration more than 20 years ago and is used in more than half of all abortions in the United States.
Judges Samuel Alito and Clarence Thomas dissented.
The Supreme Court ruled Friday night, however, that the abortion pill mifepristone would not be banned immediately
Joe Biden praised the Supreme Court’s decision.
“As a result of the Supreme Court’s suspension, mifepristone remains available and approved for safe and effective use while we continue this fight in the courts,” he said.
I continue to support the FDA’s evidence-based approval of mifepristone, and my administration will continue to advocate for the FDA’s independent expert authority to review, approve, and regulate a wide range of prescription drugs.
The stakes couldn’t be higher for women across America.
I will continue to fight politically motivated attacks on women’s health.
“But let’s be clear—the American people must continue to use their vote as their own, and elect a Congress that will pass a law reinstating Roe v. Wade’s protection.”
The decision came because of the April 7 ruling by Judge Matthew Kacsmarek, a Trump appointee, who found that the Food and Drug Administration had overstepped its authority when it approved the drug back in 2000.
Kacsmaryk’s order has been partially blocked by the Fifth Circuit Court of Appeals, although that court has imposed restrictions that would prevent mifepristone from being sent to patients by mail.
The Biden administration and Danco Labs, the maker of mifepristone, have warned of potential wide-ranging consequences if FDA scientists are overruled by politicians and judges.
“If allowed to take effect, the lower court orders would thwart the FDA’s scientific judgment and undermine the widespread adoption in the health care system that presumes the availability of mifepristone as an alternative to surgical abortion,” Solicitor General Elizabeth Prilogar told the Supreme Court. most burdensome.” Court on file this week.
The Freedom Defense Coalition, which represents opponents of the abortion pill, faced administration concerns that amounted to “the sky is falling.”
“If this litigation concerned any other drug, there would not even be a debate as to whether this court should intervene in the middle of the course of litigation with extraordinary relief,” their attorneys wrote in a note to the court.
The case has divided the nation, with more than 150 Republican lawmakers backing the conservative plaintiffs.
On the other hand, Democrats and leading medical societies have pushed for the continued availability of mifepristone.