Supreme Court preserves access to abortion pills FOR NOW – as Joe Biden vows to ‘continue to fight politically motivated attacks on women’s health’.
- The Supreme Court on Friday issued a preliminary ruling on access to the abortion drug mifepristone
- A federal court in Texas blocked distribution of the pills on April 7: Hours later, a federal court in Washington guaranteed access and set the stage for a fight
- Friday’s decision preserves Food and Drug Administration approval of the drug, which is used in more than half of all abortions in the United States
The Supreme Court has upheld access to the abortion pill mifepristone, overturned a Texas ruling and guaranteed women can get the drug while the litigation rages on.
The case came to court after a federal judge in Texas ruled on April 7 that FDA approval of the drug was illegal.
Hours later, a Washington state judge returned the opposite ruling, setting the stage for a Supreme Court decision.
On Friday, they voted 7-2 to continue allowing women access to the drug, approved by the FDA over 20 years ago and used in more than half of all abortions in the United States.
Justices Samuel Alito and Clarence Thomas disagreed.
The abortion pill mifepristone will not be banned immediately, the Supreme Court ruled on Friday evening
Joe Biden praised the Supreme Court’s decision.
“As a result of the Supreme Court stay, mifepristone remains available and approved for safe and effective use as we continue this fight in court,” he said.
“I remain committed to the FDA’s evidence-based approval of mifepristone, and my administration will continue to defend the FDA’s independent expert authority to review, approve and regulate a wide range of prescription drugs.
“The stakes for women across America couldn’t be higher.
“I will continue to fight against politically motivated attacks on women’s health.
“But let’s be clear — the American people must continue to use their voice as their voice and elect a Congress that will pass legislation restoring Roe v Wade’s protections.”
The decision was prompted by the April 7 ruling by Judge Matthew Kacsmaryk, a Trump-appointed official, who found the FDA had exceeded its powers when approving the drug in 2000.
Kacsmaryk’s order was partially blocked by the 5th Circuit Court of Appeals, even though that court imposed restrictions that would prevent mifepristone from being mailed to patients.
The Biden administration and Danco Labs, the manufacturer of mifepristone, warned of the potential far-reaching consequences if the FDA’s scientists were overruled by politicians and judges.
“If enacted, the lower court orders would defeat the FDA’s scientific judgment and undermine widespread confidence in a healthcare system that recognizes the availability of mifepristone as an alternative to more onerous and invasive surgical abortions,” said Attorney General Elizabeth Prelogar the Supreme Court in a filing this week.
The Alliance Defending Freedom, which represents opponents of the abortion pill, countered the government’s concerns, which amounted to a “heaven is falling” argument.
“If this lawsuit involved any other drug, there would not even be a debate as to whether this court should intervene in the midst of the lawsuit with extraordinary relief,” their attorneys wrote in a filing to the court.
The case has divided the nation, with more than 150 Republican lawmakers supporting the conservative plaintiffs.
Democrats and leading medical associations, on the other hand, have pushed for the continued availability of mifepristone.