Biden, Pharma Co. urge SCOTUS to lift abortion pill restrictions.
The Biden Administration Petitions Supreme Court to Intervene Against Restrictions on Abortion Drug
The Biden administration has taken action to challenge restrictions imposed on the chemical abortion drug mifepristone, arguing that these limits are detrimental to women and healthcare providers across the country.
In a legal filing on Friday, the Department of Justice urged the Supreme Court not to uphold the restrictions on mifepristone set forth by the Fifth Circuit Court of Appeals. These restrictions would prevent the distribution of the pills through the mail or via telemedicine. However, the implementation of these limits is on hold until the Supreme Court issues a ruling.
“The effect of the lower court’s decisions would be to compel FDA to return to a pre-2016 regulatory regime that imposes restrictions on distribution that FDA has found to be unnecessary and unjustified,” the DOJ said in a cert petition.
The DOJ emphasized that mifepristone, which is used in up to half of all abortions, is considered the best method for ending the life of an unborn child early in development.
Danco Laboratories, the manufacturer of a widely used abortion pill, also filed a legal document urging the Supreme Court to reject the Fifth Circuit’s limits on the drug.
“For the women and teenage girls, health care providers, and States that depend on FDA’s actions to ensure safe and effective reproductive health care is available, this case matters tremendously,” wrote Jessica Ellsworth, a lawyer representing Danco. “And for the pharmaceutical and biotechnology industry, permitting judicial second-guessing of FDA’s scientific evaluations of data will have a wildly destabilizing effect.”
The Alliance for Hippocratic Medicine, represented by the Alliance Defending Freedom, sued to stop the distribution and approval of the drug by the FDA. Lawyers from the Alliance Defending Freedom argue that the FDA’s decision to approve mifepristone was politically motivated.
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“The FDA’s unprecedented and unlawful actions did not reflect scientific judgment but rather revealed politically driven decisions to push a dangerous drug regimen without regard to women’s health or the rule of law. This is a significant victory for the doctors and medical associations we represent and, more importantly, the health and safety of women,” said ADF Senior Counsel Erin Hawley after the Fifth Circuit upheld restrictions on the drug last month.
The Supreme Court is expected to make a ruling on the case during its upcoming fall session, following a previous decision to temporarily suspend approval for the pill.
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