In a decision that could impact the availability of medication abortions in the United States, the US Supreme Court has ruled to preserve women’s access to mifepristone, a drug commonly used in the first 10 weeks of pregnancy.
The decision came in response to emergency requests from the Biden administration and Danco Laboratories, the maker of the drug, who are appealing a lower court ruling t rhat could have rolled back FDA approval of mifepristone.
The lower court ruling, issued on April 7 by US District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, had revoked FDA approval of mifepristone, claiming that the drug’s approval and subsequent changes were flawed.
The ruling would have effectively nullified changes made by the FDA starting in 2016, including extending the period of pregnancy when mifepristone can be safely used from seven to 10 weeks. The court also said that the drug can’t be mailed or dispensed as a generic, and patients who seek it need to make three in-person visits with a doctor.
The Supreme Court’s decision almost certainly means that access to mifepristone will remain unchanged until the appeals process is complete, which could take several months. However, the ruling is not final and a potential appeal to the high court is still possible.
While the ruling is being celebrated by pro-choice advocates, it highlights the continued efforts by anti-abortion groups to limit access to abortion services in the United States. The challenge to mifepristone is the first abortion controversy to reach the Supreme Court since its conservative majority overturned Roe v. Wade 10 months ago, allowing more than a dozen states to effectively ban abortion outright.
President Joe Biden praised the high court for preserving women’s access to mifepristone, stating that “the stakes could not be higher for women across America”. He urged the American people to use their vote as their voice and elect a Congress who will pass a law restoring the protections of Roe v. Wade.
The ruling by the Supreme Court is a significant victory for advocates of reproductive rights. However, it is likely to be just one battle in a larger war over access to abortion services in the United States. The appeals process will be closely watched by both sides, as it could have far-reaching implications for reproductive rights and access to healthcare services more broadly.
(With agency inputs)
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