U.S. Supreme Court Justice Samuel Alito on Friday temporarily blocked lower court rulings that imposed tighter restrictions on the abortion pill mifepristone.
U.S. Judge Matthew Kacsmaryk of the U.S. Northern District of Texas suspended the Food and Drug Administration’s approval of mifepristone last week.
The U.S. 5th Circuit Court of Appeals blocked that part of Kacsmaryk’s order and kept the FDA approval in place. But the appeals court temporarily re-imposed tighter restrictions on how mifepristone is used and distributed, which would make it more difficult for women to access the drug.
Alito blocked those rulings restricting mifepristone access until 11:59 p.m. ET Wednesday. The Alliance Defending Freedom and the Alliance for Hippocratic Medicine, the antiabortion groups who sued the FDA, are required to file their response by noon ET Tuesday.
The Supreme Court, which has a 6-3 conservative majority, will next decide whether to continue blocking the restrictions on mifepristone as the Biden administration’s appeal plays out. But the court could also vote to put the limits back in place as the appeal is resolved.
The ultimate outcome of the national legal battle over mifepristone could sharply limit access to the medication, even in states where abortion remains legal. 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.
U.S. Solicitor General Elizabeth Prelogar said the litigation against the FDA “has been troubling at every level.” She said the lower court rulings are the first time judges have repealed the conditions of an FDA drug approval based on a disagreement over the agency’s judgement about safety.
“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…
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