Supreme Court says abortion pill mifepristone will remain broadly available during legal battle
The Supreme Court on Friday ordered the abortion pill mifepristone to remain broadly available as litigation plays out in a lower court.
The high court’s decision came in response to an emergency request by the Justice Department to block lower court rulings that would severely limit access to the medication even in some states where abortion remains legal.
The case will now be heard in the U.S. 5th Circuit Court of Appeals. The appeals court has scheduled oral arguments for Wednesday, May 17 at 1 pm CT.
Mifepristone has become the central flashpoint in the legal battle over abortion since the Supreme Court last summer overturned Roe v. Wade, the landmark 1973 decision that guaranteed abortion as a constitutional right nationwide.
Mifepristone, used in combination with another drug called misoprostol, is the most common method to terminate a pregnancy in the U.S., accounting for about half of all abortions.
President Joe Biden said the Supreme Court’s decision keeps mifepristone available to women and FDA approved to terminate early pregnancies. Biden said his administration will continue to protect access to mifepristone in the ongoing legal battle in the 5th Circuit Court of Appeals.
“I continue to stand by FDA’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,” Biden said.