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A federal judge in Texas banned the use of FDA-approved mifepristone, which is used in the majority of abortions in the United States. The Supreme Court, however, intervened on Friday, temporarily halting the lower court’s verdict, which set severe limits on the medicine. The court granted urgent appeals by the Department of Justice and Danco […]
A federal judge in Texas banned the use of FDA-approved mifepristone, which is used in the majority of abortions in the United States. The Supreme Court, however, intervened on Friday, temporarily halting the lower court’s verdict, which set severe limits on the medicine. The court granted urgent appeals by the Department of Justice and Danco Laboratories, the pill’s manufacturer, to overturn the Texas judge’s preliminary injunction. The judge’s decision would have severely restricted access to the drug amid the continuing litigation over the issue posed by anti-abortion groups.
The Biden administration won the latest legal struggle over reproductive rights in the United States when the Supreme Court temporarily stayed a lower court verdict that had placed major restrictions on the abortion medication mifepristone. The president hailed the decision and declared that he supports the FDA’s approval of the drug.
Reproductive rights advocates applauded the decision but cautioned that it does not necessarily mean the case is over. The verdict means that access to mifepristone would remain intact until next year while appeals are processed, allowing patients to have medication abortions in states where it was previously available.
The Supreme Court’s ruling is significant since pills are used in the majority of abortions in the United States. The decision to stay a lower court finding restricting access to the abortion medication mifepristone was a triumph for the Biden administration in the ongoing legal battle over reproductive rights. Patients can still have medication abortions with the drug in states where it was previously permitted while appeals are pending.
A Christian legal group filed the suit, claiming that the Food and Drug Administration unlawfully approved mifepristone more than 23 years ago. The Biden administration fiercely defended the FDA against the claim, emphasising the agency’s rigorous drug safety reviews and the risk of regulatory anarchy if plaintiffs and judges unfamiliar with scientific and medical arguments begin to undercut the agency’s decision-making.
The issue has proceeded fast through the courts, with contradictory verdicts raising uncertainty about the drug’s future. A federal judge in Texas ruled in early April to suspend the FDA’s authorisation of mifepristone completely, while another federal judge in Washington issued a ruling that explicitly disputes that decision, ordering the FDA to withhold from making any differences to the drug’s availability in 18 jurisdictions.
Following an appeal by the Biden government in the Fifth Circuit Court of Appeals, a split three-judge panel stated the approval of the medication could stand but with imposed restrictions, limiting its use to seven weeks of pregnancy rather than the current 10-week limit and prohibiting mail delivery of the pill.
Reproductive rights advocates applauded the Supreme Court’s decision to temporarily halt the lower court order, but they cautioned that it does not necessarily foreshadow the case’s outcome. This verdict is the most important abortion rights case to reach the courts since Roe v. Wade was overruled last year. The future of mifepristone is unknown, but the Biden administration and pharmaceutical corporations have warned of regulatory instability around medication approvals if limits are allowed to take effect.