On Friday, the Supreme Court is expected to rule on a Texas challenge to the approval of the abortion drug mifepristone. It could be the Court’s biggest ruling regarding abortion since its decision to overturn Roe v. Wade last summer. Earlier this month, U.S. District Judge Matthew Kacsmaryk suspended the FDA’s approval of mifepristone citing that the approval was rushed and unsafe. The district court ruling has made its way up to the nation’s highest court and that is where things stand. Today’s Supreme Court decision will pave the way for how abortion drugs will be treated by the law in the future.
Here are the 3 ways the Court is most likely to rule:
Ruling 1: SCOTUS pauses Kacsmaryk’s ruling as appeals process takes place
This is what big pharma and the FDA wants the court to do. Biden would score a major victory and mifepristone would remain on the market.
Ruling 2: SCOTUS allows Kacsmaryk’s ruling to stand as appeals process takes place
A win for pro-lifers as mifepristone would continue to be banned in many states and it would put pressure on the FDA and big pharma. But this would force abortion pill companies to rebrand and sell the pill under a new name. Danco Laboratories, which makesMifeprex, says that it “would need to completely change the drug’s packaging and label and then ask FDA to approve it, a process that could take months.”
Ruling 3: SCOTUS pauses Kacsmaryk’s ruling and takes up the case on their docket
Some see this as the least likely option, as one legal expert says, “The Fifth Circuit has, of course, already set up an expedited hearing schedule. And so, it’s going to wrestle with issues of standing and issues of the statute of limitations and harm and the like.”
There is always the possibility that if the Supreme Court takes up the case then it could lead to a complete ban on all abortion pills.
