Supreme Court Ensures, for Now, Broad Access to Abortion Pill
The order halts lower court rulings that would have restricted the drug as an appeal moves forward in a case with profound implications for abortion access and the F.D.A.’s regulatory authority.
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WASHINGTON — The Supreme Court said Friday evening that the abortion pill mifepristone would remain widely available for now, delaying the potential for an abrupt end to a drug that is used in more than half of abortions in the United States.
The order halted steps that had sought to curb the availability of mifepristone as an appeal moves forward: a ruling from a federal judge in Texas to suspend the drug from the market entirely and another from an appeals court to impose significant barriers on the pill, including blocking access by mail.
The unsigned, one-paragraph order, which came hours before restrictions were set to take effect, marked the second time in a year that the Supreme Court had considered a major effort to sharply curtail access to abortion.
The case could ultimately have profound implications, even for states where abortion is legal, as well as for the F.D.A.’s regulatory authority over other drugs.
If the ruling by the judge in Texas, which revoked the F.D.A.’s approval of the pill after more than two decades, were to stand, it could pave the way for all sorts of challenges to the agency’s approval of other medications and enable medical providers anywhere to contest government policy that might affect a patient.
The Biden administration had asked the Supreme Court to intervene after the U.S. Court of Appeals for the Fifth Circuit let stand a number of restrictions in the Texas ruling, even as it said it would allow the pill to remain on the market.
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