![]() We continue to await potential supreme court action on a petition from the justice department challenging a federal appeals panel’s reimposition of restrictions on mifepristone, a drug used in medication abortion. If the justices allow the appeals court ruling to stand, the Biden administration has argued, it would dramatically limit the accessibility of mifepristone for both women seeking it and providers dispensing it, causing chaos. The pause gives the justices additional time to study arguments and consider the restrictions ordered by the lower court, which include limiting mifepristone use after seven weeks of pregnancy – it is currently approved through 10 weeks – and banning delivery by mail. The Biden administration appealed to a federal court, where a divided three-judge panel said mifepristone could remain available but imposed several barriers to how the drug is accessed and administered.įollowing the appellate ruling, the justice department sought emergency relief from the supreme court, asking the justices to block a lower court ruling that would have sharply curtailed access to the pill by reversing a series of regulatory actions on mifepristone that the FDA loosened, beginning in 2016. One way or the other, I expect that we get something from the full Court today-although *when* and *what* is anyone’s guess.- Steve Vladeck April 21, 2023Īnd a reminder of how this complex case reached this point, from the Guardian’s Lauren Gambino:Įarlier this month, Matthew Kacsmaryk, a federal judge in Texas, declared that the FDA improperly approved the drug in 2000, in effect saying it should be pulled from the market even where abortion remains legal. It’s also *possible* that Justice Alito extends the administrative stay *again* (what happened on Wednesday), but that seems exceedingly unlikely.
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