In this photo illustration, packages of Mifepristone tablets are displayed at a family planning clinic on April 13, 2023 in Rockville, Maryland.
Anna Moneymaker | Getty Images
The Biden administration and the abortion pill distributor Danco Laboratories on Friday asked the Supreme Court to block an order that threatens access to that medication, mifepristone, in an escalation of a legal fight that could make it harder to undergo the procedure nationwide.
The U.S. 5th Circuit Court of Appeals late Wednesday blocked U.S. District Judge Matthew Kacsmaryk’s order suspending the Food and Drug Administration’s approval of mifepristone.
But the appeals court voted 2-1 to temporarily reimpose restrictions on mifepristone, which will significantly limit access to the drug even in states where abortion is legal.
“If allowed to take effect, the lower courts’ orders would upend the regulatory regime for mifepristone, with sweeping consequences for the pharmaceutical industry, women who need access to the drug, and FDA’s ability to implement its statutory authority,” U.S. Solicitor General Elizabeth Prelogar said.
The solicitor general said this is the first time any court has repealed the conditions of an FDA drug approval based on a disagreement over the agency’s judgement about safety. She stressed the fact that mifepristone has been on the market for more than 20 years.
Mifepristone, used in combination with another drug called misoprostol, is the most common method to terminate a pregnancy in the U.S., accounting for about half of all abortions. Misoprostol, which is used a stand-alone abortion drug in other parts of the world, is not impacted by the lower court rulings.
The Justice Department has said in previous filings that the ruling restricting mifepristone access is set to take effect at 12 a.m. CT on Saturday.
Impact on abortion access
The appeals court judges temporarily blocked mail delivery of mifepristone, reimposed doctor visits on patients, and shortened the…
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