The US Supreme Court has agreed to review a significant case regarding access to mifepristone, the primary drug utilized in medication abortions, marking the court's first abortion-related case since the overturn of Roe v. Wade in the previous year.
In response to appeals from the Biden administration and the manufacturer of mifepristone, the high court is urged to overturn a previous appellate ruling that could impede mail access to the drug and impose additional constraints, even in states where abortion is legally permitted. These restrictions include shortening the usage window of mifepristone from the current 10 weeks to seven weeks in pregnancy.
In contrast, an appeal from abortion opponents challenging the FDA's initial approval of mifepristone in 2000 was rejected by the nine justices.
The case is expected to be heard in the spring, with a decision likely by late June, coinciding with the 2024 presidential and congressional campaigns.
Mifepristone, produced by Danco Laboratories in New York, is a key component in medication abortions, representing over half of all abortions in the US. The Supreme Court's 2022 decision against the constitutional right to abortion has led to restrictive laws in numerous states, and abortion opponents subsequently contested mifepristone's approval.
The appeals court preserved the FDA's original approval but recommended the reversal of changes made in 2016 and 2021, tightening conditions for administering the drug. The Supreme Court blocked the ruling from taking immediate effect while the case proceeds.
The appeal from the Biden administration argues that the appeals court neglected the FDA's scientific assessment of mifepristone's safety and effectiveness since its approval. The administration contends that the ruling poses a threat to the FDA's scientific independence and could revive outdated restrictions on medication abortion access.
On the other side, anti-abortion groups maintain that the court's decision merely reinstates sensible safeguards for women taking chemical abortion drugs. If mifepristone becomes challenging to obtain, healthcare providers anticipate a shift to using only misoprostol, which is less effective in terminating pregnancies.
