Supreme Court Justice Samuel Alito on Friday suspended US Justice Matthew Kacsmaryk’s order until Wednesday to give the Supreme Court more time to consider the request. The deadline is Wednesday at midnight. Alito will likely refer the case to the full court, which has a 6-3 conservative majority.
At least until Wednesday there will be no new restrictions on mifepristone. Last year, the Supreme Court, with a conservative majority, annulled the country’s abortion law, which had been in force for nearly 50 years.
APA/AFP/Getty Images/Anna Moneymaker More than half of abortions in the United States are performed with mifepristone and misoprostol
Two trials in focus
The drug mifepristone is usually used along with misoprostol to terminate a pregnancy within the first ten weeks. This form of drug is responsible for more than half of all miscarriages in the United States. Anti-abortion activists sued the United States Food and Drug Administration (FDA) in Texas, arguing that the approval of mifepristone was an illegal process. They want to make it harder to access medical abortion.
In early April, Federal Judge Kacsmaryk issued an injunction to withhold the drug’s approval during the legal battle. Minutes after that ruling, US District Judge Thomas Rice in Washington ordered the FDA to make no changes to access to mifepristone. However, that ruling only applies to 17 Democratic-led states and the District of Columbia, which has advocated for the government to relax special safety restrictions on the pill.
AP/Senate Judiciary Committee Federal Judge Kacsmaryk issued an injunction to withhold approval of mifepristone
Court of Appeal agreed to restrictions
The Biden administration has stated in its petition to the Supreme Court that the FDA cannot comply with any of the orders. On Wednesday, a federal appeals court, at the behest of the US government, ruled that the drug can remain on the market, but with significant restrictions, such as requiring it to be dispensed in person by a physician and limiting use to the first seven places. ten weeks pregnant so far.
The government is now asking the Supreme Court to overturn the appeal decision and suspend Kacsmaryk’s order in its entirety, allowing mifepristone to remain available without further restrictions while the lawsuit is pending.
Restrictions would apply from Saturday
Maintaining access to mifepristone for now initially interrupts Wednesday’s appeals court ruling. This should go into effect on Saturday. It would also require the drug to be taken in the presence of a doctor, which prevents its distribution to patients.
None of the rulings concern the other abortion pill misoprostol, which can be used alone to terminate a pregnancy but is most effective when taken in combination with mifepristone.
Months of appeal process await
Whether or not the Supreme Court decides to suspend Kacsmaryk’s order, it will not rule on the merits of the case. Instead, the court will decide whether and how mifepristone can be distributed while the case is pending.
Either way, the case will be referred to the Federal Circuit, where the FDA will appeal Kacsmaryk’s injunction. A hearing is already scheduled for mid-May. The appeals process can take months – and this is where the Supreme Court can come into play again.