On April 21, the US Supreme Court provided some relief to abortion rights supporters by ruling that a commonly used abortion pill could remain accessible until a different appealed case in the matter reaches its conclusion. The court’s decision blocked the restrictions on the drug’s use set by a judge in Texas in the latest legal battle over abortion rights in the United States.
In response, the Justice Department and the pill’s manufacturer, Danco Laboratories, submitted emergency requests to put a preliminary injunction issued by US District Judge Matthew Kacsmaryk on April 7 on hold, which was granted by the justices. The order by Judge Kacsmaryk would have significantly limited the availability of the drug mifepristone while litigation proceeds in a challenge by anti-abortion groups to its federal regulatory approval.
President Biden praised the Supreme Court’s decision, stating, ‘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.’ He added, ‘The stakes could not be higher for women across America. I will continue to fight politically driven attacks on women’s health.’ Two Justices, Clarence Thomas and Samuel Alito, dissented from the decision.
In a brief opinion, Justice Alito argued that the administration and Danco ‘are not entitled to a stay because they have not shown that they are likely to suffer irreparable harm in the interim.’
The Food and Drug Administration (FDA) approved mifepristone in 2000, and the current case could undermine federal regulatory authority over drug safety. President Biden’s administration is seeking to defend mifepristone against mounting abortion bans and restrictions enacted by Republican-led states since the Supreme Court overturned the landmark 1973 Roe v. Wade decision that had legalized the procedure nationwide in June 2022.
President Biden also expressed his support for the FDA’s approval of mifepristone, stating that his administration would continue to defend the agency’s authority to review, approve, and regulate a broad range of prescription drugs.
Mifepristone is used in combination with another drug, misoprostol, to perform medication abortion, which accounts for over half of all abortions in the United States. The drug is also used for other purposes, such as managing miscarriages.
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