The judge gave the Biden administration and Danco Laboratories a week to appeal and seek to keep his ruling on hold. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, revoking FDA approval of mifepristone. The abortion opponents filed suit in Texas in November, asserting that the FDA’s original approval of mifepristone 23 years ago and subsequent changes were flawed. The FDA has eased the terms of mifepristone’s use over the years, including allowing it to be sent through the mail in states that allow access. Women seeking to end their pregnancies in the first 10 weeks without more invasive surgical abortion can take mifepristone, along with misoprostol. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” he wrote.īut even with their court victory, abortion opponents returned to federal court with a new target: medication abortions, which make up more than half of all abortions in the United States. In his majority opinion last June, Alito said one reason for overturning Roe was to remove federal courts from the abortion fight. Wade 10 months ago and allowed more than a dozen states to effectively ban abortion outright. The challenge to mifepristone is the first abortion controversy to reach the nation’s highest court since its conservative majority overturned Roe v. A one-sentence order signed by Alito on Wednesday gave the justices two additional days, without explanation. The Supreme Court had initially said it would decide by Wednesday whether the restrictions could take effect while the case continues. The justices weighed arguments that allowing restrictions contained in lower-court rulings to take effect would severely disrupt the availability of mifepristone. “As is common practice, the Supreme Court has decided to maintain the status quo that existed prior to our lawsuit while our challenge to the FDA’s illegal approval of chemical abortion drugs and its removal of critical safeguards for those drugs moves forward,” ADF lawyer Erik Baptist said in a statement. Wade,” Biden said in a statement.Īlliance Defending Freedom, representing abortion opponents challenging the FDA’s approval of mifepristone, downplayed the court’s action. 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. I will continue to fight politically-driven attacks on women’s health. “The stakes could not be higher for women across America. President Joe Biden praised the high court for keeping mifepristone available while the court fight continues. No other justices commented on the court’s one-paragraph order, and the court did not release a full vote breakdown. Wade, and Clarence Thomas - voted to allow restrictions to take effect, and Alito issued a four-page dissent. Two of the nine justices - Samuel Alito, the author of last year’s decision overturning Roe v. Court of Appeals for the 5th Circuit, which has set arguments in the case for May 17. The next stop for the case is at the New Orleans-based U.S. The court’s action Friday almost certainly will leave access to mifepristone unchanged at least into next year, as appeals play out, including a potential appeal to the high court. Mifepristone is used in combination with a second drug, misoprostol, in more than half of all abortions in the U.S. since 2000 and more than 5 million people have used it. The drug has been approved for use in the U.S. They are appealing a lower court ruling that would roll back Food and Drug Administration approval of mifepristone. The justices granted emergency requests from the Biden administration and New York-based Danco Laboratories, maker of the drug mifepristone. WASHINGTON (AP) - The Supreme Court on Friday preserved women’s access to a drug used in the most common method of abortion, rejecting lower-court restrictions while a lawsuit continues.
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