The U.S. Supreme Court on Friday halted new restrictions on mifepristone, a widely used abortion pill, by granting emergency requests from the Justice Department and Danco Laboratories. President Joe Biden applauded the decision, as his administration seeks to protect access to the drug amidst a heated legal battle surrounding reproductive rights in the country.
The Supreme Court's brief order blocked an April 7 preliminary injunction issued by U.S. District Judge Matthew Kacsmaryk in Texas. This injunction would have significantly limited the availability of mifepristone during ongoing litigation challenging the pill's federal regulatory approval by anti-abortion groups.
In a statement released by the White House, Biden said, "As a result of the Supreme Court's stay, mifepristone remains available and approved for safe and effective use while we continue this fight in the courts." He added, "The stakes could not be higher for women across America. I will continue to fight politically driven attacks on women's health."
Conservative Justices Clarence Thomas and Samuel Alito publicly dissented from the decision. Alito wrote that the administration and Danco did not demonstrate that they were likely to suffer "irreparable harm."
Since the Supreme Court overturned the 1973 Roe v. Wade decision in June 2022, Republican-led states have enacted increasing numbers of abortion bans and restrictions. The current case will return to the New Orleans-based 5th U.S. Circuit Court of Appeals, with arguments scheduled for May 17. The losing side could potentially appeal the case back to the Supreme Court.
The Food and Drug Administration (FDA) approved mifepristone in 2000. The challengers argue that the FDA unlawfully approved the drug and later removed essential safeguards for what they consider a dangerous drug.
Erik Baptist, an attorney for the conservative religious rights group Alliance Defending Freedom representing the pill's challengers, said, "Our case seeking to put women's health above politics continues on an expedited basis in the lower courts."
The case could undermine federal regulatory authority over drug safety. In response, Biden said, "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."
Jessica Ellsworth, an attorney for Danco, stated that the Supreme Court's decision "preserves crucial access to a drug relied on by millions of patients" after lower courts had created "widespread chaos."
