Ahead of an abortion pill decision in Washington, the Supreme Court is shown. This photo was taken byJacquelyn Martin.
Access to abortion pill is preserved by Supreme Court.
Ahead of an abortion pill decision in Washington, the Supreme Court is seen. The photo was taken byJacquelyn Martin.
While a lawsuit continues, the Supreme Court on Friday preserved women’s access to a drug used in the most common method of abortion, rejecting lower court restrictions.
Emergency requests were granted by the justices from the Biden administration and Danco Laboratories. They are appealing the lower court ruling.
More than 5 million people have used the drug since it was approved in the U.S. in 2000. More than half of all abortions in the US are done with Mifepristone and another drug.
This is a breaking news update. The story follows below.
The Supreme Court is facing a self imposed Friday night deadline to decide if women’s access to a widely used contraceptive will stay unchanged or be restricted while a legal challenge to its Food and Drug Administration approval goes on.
The availability of the most common abortion method in the United States would be disrupted if lower court rulings were allowed to take effect.
Since the FDA approved it in 2000, it has been used by more than 5 million women.
The Supreme Court was supposed to make a decision on whether the restrictions could take effect by Wednesday. Justice Samuel Alito gave the justices two more days after signing a one sentence order.
The justices are going to have a private conference Friday to discuss the issue. There is an effort to craft an order that is supported by the justices. One or more justices might be writing a separate opinion and asking for more time to finish.
It is the first controversy to reach the nation’s highest court since its 10 months ago when it allowed more than a dozen states to effectively ban abortion.
Alito said in his majority opinion that removing federal courts from the abortion fight was one of the reasons for changing the law. He said it was time to return the issue of abortion to the people’s elected representatives.
More than half of all abortions in the United States are done with medication abortions, and they returned to federal court with a new target.
Women who want to end their pregnancies in the first 10 weeks of their pregnancies can take the two drugs. The FDA has made it easier to use the drug over the years, including allowing it to be sent through the mail in states that allow it.
In November, the abortion opponents filed a suit in Texas, asserting that the FDA approval of the drug in the 1990s was flawed.
They won a ruling on April 7 that revoked FDA approval of the drug. The judge gave the Biden administration and Danco Laboratories a week to appeal and keep his ruling on hold.
There are two more appointees on the 5th U.S. The Circuit Court of Appeals made a statement. The judges said most of the rest of Kacsmaryk’s ruling could take effect while the case is heard in federal court.
Changes made by the FDA starting in 2016 will be nullified by their ruling. Patients who seek the drug need to make three in person visits with a doctor, according to the court. The FDA says it is necessary for women to take a higher dose of the drug.
If those restrictions are put in place while the case is going on, there will be chaos. A federal judge in Washington ordered the FDA to preserve access to the drug under the current rules in 17 states and the District of Columbia, which filed a separate lawsuit.
The FDA is in a difficult position because of the rulings, according to the Biden administration.
There is a new legal issue that could cause more problems. If the Supreme Court doesn’t intervene, the FDA will be able to remove the generic version of the drug from the market.
The Supreme Court is being asked to block the lower court rulings through the end of the case. If the court doesn’t agree, the administration and Danco have a different argument. They want the court to hear arguments and decide the case by early summer.
At least one appeals court has examined the legal issues before the court takes such a step.
Arguments for the case will be held on May 17 in New Orleans.
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