On Friday, the U.S. Supreme Court stepped in to block lower court rulings that had banned or limited the FDA-approved use of the abortion pill mifepristone, ensuring its availability for the foreseeable future. However, the case remains with the 5th U.S. Circuit Court of Appeals, which has scheduled oral arguments for in May. Regardless of the 5th Circuit’s ruling, it is expected that the case will eventually return to the Supreme Court, with a potential decision in the next term.
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This action by the Supreme Court means that mifepristone will continue to be widely available, at least in states where abortion is legal for up to 10 weeks into pregnancy. This decision comes as a relief to those who advocate for reproductive rights and access to safe and legal abortion.
Notably, Justices Clarence Thomas and Samuel Alito dissented from the decision, indicating a divide among the justices on this issue. In his dissent, Thomas wrote, “As narrowed by the Court of Appeals, the stay that would apply if we failed to broaden it would not remove mifepristone from the market. It would simply restore the circumstances that existed (and that the Government defended) from 2000 to 2016 under three Presidential administrations.”
President Biden expressed support for the FDA’s approval of mifepristone and vowed to defend it through his administration. He also called on Americans to elect lawmakers who will work towards passing laws that restore abortion rights.
Biden said in a statement, “I continue to stand by FDA’s evidence-based approval of mifepristone, and my Administration will continue to defend FDA’s independent, expert authority to review, approve, and regulate a wide range of prescription drugs. The stakes could not be higher for women across America. I will continue to fight politically-driven attacks on women’s health. But let’s be clear – the American people must continue to use their vote as their voice, and elect a Congress who will pass a law restoring the protections of Roe v Wade.”
