Supreme Court justices discuss whether to hear abortion pill showdown

WASHINGTON — Supreme Court justices were scheduled on Friday to discuss whether to take up a high-stakes legal fight that could result in a definitive decision on federal approval of the drug most commonly used for medication abortion.

At their regular private meeting, the nine justices were due to consider three different appeals raising different legal issues, including one filed by those challenging the Food and Drug Administration’s original 2000 approval of the mifepristone pill.

The two other appeals, brought by the Biden administration and drugmaker Danco Laboratories, are seeking to uphold decisions by the FDA that made it easier to access and use the pill in recent years. Danco makes the brand version of the pill, Mifeprex.

Even the court’s decision on whether to take up the appeals is of practical importance because if the justices decide not to intervene in the ongoing litigation, an appeals court ruling that limited the availability of the drug by mail would go into effect.

The court could announce whether it is hearing the cases as soon as later on Friday, although action could also come next week or as late as January.

In weighing the three appeals, the justices could choose to hear a broad challenge that addresses the 2000 FDA approval or focus only on more recent changes, including a 2021 decision that made it possible to access the pill by mail.

The court, which has a 6-3 conservative majority, has previously shown hostility to abortion rights, overturning the landmark abortion rights ruling Roe v. Wade last year. But in April, in an earlier stage of the litigation, the court blocked a judge’s ruling that would have completely invalided the FDA’s approval of the drug.

The abortion pill dispute does not directly address any right to abortion, focusing instead on different legal issues about the FDA’s process for approving drugs, but the case raises questions over the court’s pledge last year that it would leave abortion policy to the states and the federal government.

Other issues raised in the cases include the 2016 decisions to extend the window in which mifepristone could be used to terminate pregnancies from seven weeks’ gestation to 10 weeks’ gestation, and reduce the number of in-person visits patients from three to one. In another 2016 move, the FDA altered the dosing regimen, finding that a lower dose of mifepristone was sufficient.

The court could also address the 2019 decision to approve a generic form of the drug, which is made by GenBioPro.

The New Orleans-based 5th U.S. Circuit Court of Appeals in August ruled that the post-2016 FDA decisions should be put on hold because the moves “were taken without sufficient consideration of the effects those changes would have on patients.” The court ruled against the challengers on their efforts to overturn the original approval of the drug and the later decision to authorize the generic version.

Both sides then filed appeals at the Supreme Court.

The current fight over the drug dates back to a November 2022 lawsuit filed by a group of doctors and other medical professionals represented by the conservative Christian legal group Alliance Defending Freedom. They claim that the FDA’s 2000 approval was flawed, as were later decisions that made the drug easier to access, in part because they failed to take into account safety risks to women. 

In a sweeping decision, Texas-based U.S. District Judge Matthew Kacsmaryk in April invalidated the FDA’s original approval of the drug from more than 20 years ago. After the Supreme Court put that decision on hold while litigation continued, the appeals court narrowed the scope of Kacsmaryk’s ruling, focusing on the post-2016 changes.

The FDA-approved regimen for a medication abortion involves two drugs: mifepristone, which blocks the hormone progesterone, and misoprostol, which induces contractions. A majority of abortions in the U.S. are carried out using the pills, according to a survey conducted by the Guttmacher Institute, a research group that supports abortion rights.

Access to medication abortion, especially by mail, has become of major importance in light of the Supreme Court ruling that overturned Roe v. Wade, which has led to conservative states enacting tough restrictions that either limit or ban abortion outright. Fourteen states currently have total abortion bans, according to Guttmacher.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Gas prices are surging just before Labor Day, as diesel hits an all-time high

Trump Eyes U.S. Diesel Export Ban, Experts Warn of Higher Gas Prices

A temporary U.S. ban on diesel exports could bring immediate relief at…
Grandmother sues after alleged AI facial recognition error led to months in jail, experts sound alarm

Grandmother Sues Over Alleged AI Facial Recognition Error That Led to Months in Jail

A Tennessee grandmother is suing the city of Fargo, North Dakota, and…
Navy military device washed up on California beach and taken to home

Navy Military Device Washes Ashore on California Beach, Taken Home by Beachgoer

A military device capable of burning at temperatures as high as 3,000…
Philadelphia serial killer probe brings in reinforcements to dig through home tied to missing women: report

Philadelphia Serial Killer Probe Brings Reinforcements to Search Home Linked to Missing Women: Report

Childhood friend of Philadelphia missing women suspect speaks out FBI investigators have…
Adventurer who blew life savings on California ghost town reveals how his gamble has gone

Adventurer Reveals Outcome of His Life Savings Gamble on a California Ghost Town

After spending more than $1 million to buy an abandoned California mining…
Cuban-led caravan aims for Mexico City as Trump policies deter migrants from US

DHS Warns as Honduran Migrant Caravan Heads Toward US-Mexico Border

The Department of Homeland Security (DHS) issued a pointed warning to a…
Bessent: Iran’s Economy Will Have ‘Nothing Left to Trade’ in Two Weeks

Treasury Secretary Bessent Says Iran Has Two Weeks of Trade Left

Treasury Secretary Scott Bessent said Sunday that Iran could have “nothing left…
Workers free kittens from shredder that could have 'obliterated' them in purr-fect rescue mission

Workers Save Kittens From Shredder That Could Have Obliterated Them

A frightening ordeal ended with a purr-fect rescue. Three newborn kittens trapped…
Colombian police capture wife and daughter of Ecuadorian gang leader 'Fito' extradited to the United States

Colombian Police Arrest Wife and Daughter of Ecuadorian Gang Leader ‘Fito’ Following His US Extradition

Colombian police said Sunday they had captured the wife and daughter of…
Cornell attacks gang rape accuser as 'irresponsible' for essay claims while defending how it handled accusations

Cornell University Calls Gang Rape Accuser’s Essay Claims ‘Irresponsible,’ Defends Its Response to Allegations

Cornell University on Monday criticized the woman who says she was the…
Hollywood hotspot Horses announces comeback

Hollywood Hotspot Horses Announces Its Long-Awaited Comeback

Horses, once a coveted Hollywood dining destination on Sunset Boulevard, is preparing…
AOC Gets Brutal News As She Test-Runs Senate Bid: She Is 'Rejected'

Alexandria Ocasio-Cortez Faces ‘Rejection’ as She Tests Potential Senate Bid

Rep. Alexandria Ocasio-Cortez is facing significant resistance from Democrats in key swing…