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Consumers will have full access to the abortion pill mifepristone as a lawsuit works its way through the lower federal courts, the U.S. Supreme Court ruled on Friday
The high court's decision came in response to an emergency request by the U.S. Department of Justice to block lower court rulings that would severely limit access to the medication, even in some states where abortion remains legal. Mifepristone has become the flashpoint in the legal battle over abortion since the Supreme Court last summer overturned Roe v. Wade.
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The issue is whether the U.S. Food and Drug Administration acted appropriately in approving the drug more than 20 years ago. The Alliance Defending Freedom, which represents the plaintiffs, alleges that the FDA "chose politics over science" in approving the drug and acted unlawfully by removing safeguards around mifepristone, including permitting the pill to be delivered by mail.
The appeals court judges also suspended the 2019 approval of the generic version of mifepristone. The company that sells the generic version, GenBioPro, told the high court that the majority of the nation's supply of the medication would "disappear overnight" if the appeals court ruling went into effect.
Related: Walgreens will not dispense abortion pills in 20 states that threatened legal action
The Justice Department and Danco Laboratories, the manufacturer, told the Supreme Court that restrictions imposed by the lower courts would effectively take mifepristone off the market for months as the FDA adjusted the medication's labeling to comply with the orders. This would deny women access to an FDA-approved drug that is a safe alternative to surgical abortions, they argued.
The court's majority decision to maintain the status quo means mifepristone remains available by mail delivery, and women can obtain the prescription medication without having to visit a doctor in person. However, in the dozen states that have effectively banned abortion over the past year, the drug will remain largely unavailable. Other states also have restrictions in place that are much tighter than FDA regulations.
President Joe Biden said his administration will fight to protect access to mifepristone in the ongoing legal battle in the 5th Circuit Court of Appeals. "I continue to stand by the Food and Drug Administration's evidence-based approval of mifepristone, and my administration will continue to defend FDA's independent, expert authority to review, approve and regulate a wide range of prescription drugs," he said
The case now will be heard in the U.S. 5th Circuit Court of Appeals, which has scheduled oral arguments for May 17.
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Alan Goforth
Alan Goforth is a freelance writer in suburban Kansas City. In addition to freelancing for several publications, he has written a dozen books about sports and other topics.
