Abortion pill manufacturer seeks Supreme Court ruling on mifepristone’s legality.
The Fate of a Common Abortion Drug Hangs in the Balance as Supreme Court Considers Case
The Supreme Court was asked on Friday to make a crucial decision regarding the future of a widely used abortion drug, mifepristone, just ahead of the 2024 election year.
Danco Laboratories, the manufacturer of mifepristone, has petitioned the high court to overturn the ruling of the U.S. Court of Appeals for the 5th Circuit, which would impose restrictions on the drug’s usage and distribution.
“The appeals court ruling would have a wildly destabilizing effect, not only for women but also on the pharmaceutical industry as a whole,” argued Danco in their petition.
Danco’s attorneys emphasized the significant impact this case holds for women, teenage girls, healthcare providers, and states that rely on the Food and Drug Administration’s actions to ensure safe and effective reproductive healthcare.
The appeals court ruling is currently on hold until the Supreme Court reaches a decision. In April, the justices froze a lower court decision in response to a filing from President Joe Biden’s administration, as the legal battle surrounding the pill continues.
A panel of three judges on the appeals court concluded that the FDA’s recent decisions to increase accessibility of the drug failed to address safety concerns. This sparked strong opposition from both the pharmaceutical industry and the Justice Department.
The legal dispute over mifepristone began in November when the Alliance for Hippocratic Medicine, a group of religious doctors opposing “chemical abortions,” sued to reverse the FDA’s 2000 approval of the drug.
In an unprecedented ruling, U.S. Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas suspended the FDA’s approval of the pill in April.
The 5th Circuit panel partially overturned the Texas judge’s ruling, maintaining the original FDA approval and the agency’s authorization of the drug’s generic form.
If the Supreme Court takes up the case and upholds the appeals court decision, mifepristone will remain available, but patients will face additional obstacles in accessing the drug.
Last year, the 6-3 Republican-appointed majority made a historic decision to overturn the precedent set under Roe v. Wade, granting states the ability to enforce stricter regulations on abortion access in the case of Dobbs v. Jackson Women’s Health Organization.
A decision on the approval of this drug prior to the 2024 general election could introduce a new dynamic for voters, as President Biden has been a vocal advocate for abortion access and has criticized the conservative supermajority on the Supreme Court, which was established by former President Donald Trump, his likely 2024 opponent.
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