Supreme Court Allows Access To Abortion Pill During Appeals
22:54 GMT 21.04.2023 (Updated: 00:48 GMT 22.04.2023)
© AP Photo / Alex BrandonThe U.S. Supreme Court building is shown as people walk past, Wednesday, May 4, 2022 in Washington. A draft opinion suggests the U.S. Supreme Court could be poised to overturn the landmark 1973 Roe v. Wade case that legalized abortion nationwide, according to a Politico report released Monday
© AP Photo / Alex Brandon
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Earlier this month, the Biden administration and the company that manufactures mifepristone, Danco Laboratories, requested the High Court to pause a ruling from Judge Matthew J. Kacsmaryk, a US district judge based in Texas who was appointed by former President Donald Trump in 2017, and confirmed in 2019.
On Friday the Supreme Court moved to protect access to the drug mifepristone, which has been approved for use in the US since 2000. The drug is used in part to end pregnancies during the early part of a person’s pregnancy.
The ruling overturns Kacsmaryk's ruling to ban the drug mifepristone and allows it to remain on the market while the legal process continues in the lower courts. The court voted 7-2 in favor of granting the stay with Justices Samuel Alito and Clarence Thomas dissenting, the votes of the other judges were not disclosed.
Supreme Court granted full stay. Means abortion drug will stay available. pic.twitter.com/ufhHYeAjWV
— Neal Katyal (@neal_katyal) April 21, 2023
Mifepristone, in combination with misoprostol, has been used by more than 5 million people to end their pregnancies which makes up more than half of all medical abortions in the US. The pill, according to medical professionals, is as dangerous as Ibuprofen and safer than Viagra.
Friday's ruling is just a temporary victory for the Biden administration, Danco, and pro-choice advocates. The 5th Circuit's three-judge panel will work to issue their ruling.
Despite the 5th Circuit's decision last week to block portions of Kacsmaryk's politically biased decision, the appeals court is trying to instill restrictions on the pill which the FDA medically determined unnecessary in March of 2016. These restrictions include banning the approval of mifepristone for pregnancies after seven weeks as opposed to 10, and barring the pill from being sent in the mail.
“As a result of the Supreme Court’s stay, mifepristone remains available and approved for safe and effective use while we continue this fight in the courts,” Biden said in a statement Friday evening.
Danco, a manufacturer of the drug, also commented on Friday's ruling.
“The lower courts’ reversal of longstanding FDA approvals has caused widespread chaos among providers, patients, and healthcare systems. Today’s order provides continuity to all concerned as we litigate the underlying issues in this case,” Jessica Ellsworth, Danco’s attorney, said in a statement.
In 2022 the Supreme Court overturned the 1973 ruling Roe v. Wade, ending Americans' rights to govern their own reproductive choices. Since then 18 states have entirely, or partially banned most abortions.
“Nothing changes for the third of the country that bans mifepristone because it bans all abortions,” said Rachel Rebouché, dean of Temple University Beasley School of Law.
The next hearing in the litigation process will be on May 17.