Please ensure Javascript is enabled for purposes of website accessibility
Supreme Court Temporarily Extends Access to Abortion Pill
gvw_ap_news
By Associated Press
Published 2 years ago on
April 19, 2023

Share

Getting your Trinity Audio player ready...

WASHINGTON — The Supreme Court is leaving women’s access to a widely used abortion pill untouched until at least Friday, while the justices consider whether to allow restrictions on the drug mifepristone to take effect.

The court is dealing with a new abortion controversy less than a year after its conservative majority overturned Roe v. Wade and allowed more than a dozen states to effectively ban abortion outright.

At stake now is whether to allow restrictions on mifepristone ordered by a lower court to take effect while a legal challenge to the medication’s Food and Drug Administration approval continues.

The justices had at first given themselves a Wednesday evening deadline in a fast-moving case from Texas in which abortion opponents are seeking to roll back FDA approval of mifepristone, which is used in the most common method of abortion in the United States.

But on Wednesday afternoon, Justice Samuel Alito issued a one-sentence order giving the court more time and indicating it expects to act by Friday night. Alito, the justice in charge of handling emergency appeals from Texas, provided no explanation.

The justices are scheduled to meet for a private conference Friday, where they could talk about the issue. The additional time could be part of an effort to craft an order that has broad support among the justices. Or one or more justices might be writing a separate opinion, and asked for a couple of extra days.

FDA Approved Drug in 2000

The drug first won FDA approval in 2000, and conditions on its use have been loosened in recent years, including making it available by mail in states that allow access.

The Biden administration and New York-based Danco Laboratories, the maker of the drug, want the nation’s highest court to reject limits on mifepristone’s use imposed by lower courts, at least as long as the legal case makes it way through the courts. They say women who want the drug and providers who dispense it will face chaos if limits on the drug take effect. Depending on what the justices decide, that could include requiring women to take a higher dosage of the drug than the FDA says is necessary.

Alliance Defending Freedom, representing anti-abortion doctors and medical groups in a challenge to the drug, is defending the rulings in calling on the Supreme Court to restrict access now.

Complicating the situation, a federal judge in Washington has ordered the FDA to preserve access to mifepristone under the current rules in 17 Democratic-led states and the District of Columbia that filed a separate lawsuit.

The Biden administration has said the rulings conflict and create an untenable situation for the FDA.

Medication Abortions More Than Half of US Abortions

Even as the abortion landscape changed dramatically in several states, abortion opponents set their sights on medication abortions, which make up more than half of all abortions in the United States.

The abortion opponents filed suit in November in Amarillo, Texas. The legal challenge quickly reached the Supreme Court after a federal judge issued a ruling on April 7 that would revoke FDA approval of mifepristone, one of two drugs used in medication abortions.

Less than a week later, a federal appeals court modified the ruling so that mifepristone would remain available while the case continues, but with limits. The appeals court said the drug should only be approved through seven weeks of pregnancy for now, even though the FDA since 2016 has endorsed its use through 10 weeks of pregnancy.

The court also said that the drug can’t be mailed or dispensed as a generic and that patients who seek it need to make three in-person visits with a doctor, among other things.

The generic version of mifepristone makes up two-thirds of the supply in the United States, its manufacturer, Las Vegas-based GenBioPro Inc., wrote in a court filing that underscored the perils of allowing the restrictions to be put into effect.

In the latest legal twist surrounding the case, GenBioPro filed a lawsuit Wednesday to preemptively block the FDA from removing its drug from the market, in the event that the Supreme Court doesn’t intervene.

Generic Version Approved in 2019

The FDA approved the company’s generic pill in 2019, based on data and studies showing it is essentially identical to the original version of mifepristone. Both versions have been studied extensively and deemed safe for women.

If the justices aren’t inclined to block the ruling from taking effect for now, the Democratic administration and Danco have a fallback argument, asking the court to take up the challenge to mifepristone, hear arguments and decide the case by early summer.

The court only rarely takes such a step before at least one appeals court has thoroughly examined the legal issues involved.

The 5th U.S. Circuit Court of Appeals in New Orleans already has ordered an accelerated schedule for hearing the case, with arguments set for May 17.

Mifepristone has been available for use in medication abortions in the United States since the FDA granted approval in 2000. Since then, more than 5 million women have used it, along with another drug, misoprostol, to induce abortions.

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

As Fresno Files First Case, Maxwell Vows to Protect Wage Theft Unit

DON'T MISS

Fowler Felon Jailed After Officers Find Assault Rifle, Drugs in Home Search

DON'T MISS

Young People Drive Fresno to CA’s Top Job Growth: Wells Fargo Study

DON'T MISS

Judge Rejects Claim That Sean ‘Diddy’ Combs Was Treated Differently Because of His Race

DON'T MISS

Rapper Tory Lanez Attacked at a California Prison as He Serves Time for Megan Thee Stallion Shooting

DON'T MISS

Grapevine Fire Forces Full Closure of Southbound I-5

DON'T MISS

Fresno’s New Economic Development Leader Has Boomtown Expertise

DON'T MISS

KMJ’s Ray Appleton Is Off the Air as He Deals With ‘Rare Condition’

DON'T MISS

Bakersfield Man Pleads Guilty to Aiming Laser at Sheriff’s Helicopter

DON'T MISS

Erika Sandoval Faces Life Sentence for Murder of Former Exeter Police Officer

UP NEXT

Fowler Felon Jailed After Officers Find Assault Rifle, Drugs in Home Search

UP NEXT

Young People Drive Fresno to CA’s Top Job Growth: Wells Fargo Study

UP NEXT

Judge Rejects Claim That Sean ‘Diddy’ Combs Was Treated Differently Because of His Race

UP NEXT

Rapper Tory Lanez Attacked at a California Prison as He Serves Time for Megan Thee Stallion Shooting

UP NEXT

Grapevine Fire Forces Full Closure of Southbound I-5

UP NEXT

Fresno’s New Economic Development Leader Has Boomtown Expertise

UP NEXT

KMJ’s Ray Appleton Is Off the Air as He Deals With ‘Rare Condition’

UP NEXT

Bakersfield Man Pleads Guilty to Aiming Laser at Sheriff’s Helicopter

UP NEXT

Erika Sandoval Faces Life Sentence for Murder of Former Exeter Police Officer

UP NEXT

US Car Prices Higher in April After Tariffs Hit

Judge Rejects Claim That Sean ‘Diddy’ Combs Was Treated Differently Because of His Race

1 hour ago

Rapper Tory Lanez Attacked at a California Prison as He Serves Time for Megan Thee Stallion Shooting

1 hour ago

Grapevine Fire Forces Full Closure of Southbound I-5

1 hour ago

Fresno’s New Economic Development Leader Has Boomtown Expertise

2 hours ago

KMJ’s Ray Appleton Is Off the Air as He Deals With ‘Rare Condition’

2 hours ago

Bakersfield Man Pleads Guilty to Aiming Laser at Sheriff’s Helicopter

3 hours ago

Erika Sandoval Faces Life Sentence for Murder of Former Exeter Police Officer

3 hours ago

US Car Prices Higher in April After Tariffs Hit

3 hours ago

Fresno County School Boards Need Ethics Training: Grand Jury

3 hours ago

Pentagon Halting Gender-Affirming Healthcare for Transgender Troops, Memo Says

3 hours ago

As Fresno Files First Case, Maxwell Vows to Protect Wage Theft Unit

Tyler Maxwell believes in Fresno’s wage theft unit — even with City Hall facing budget challenges. “I will fight for it as hard ...

17 minutes ago

https://www.communitymedical.org/thecause?utm_source=Misfit+Digital&utm_medium=GVWire+Banner+Ads&utm_campaign=Branding+2025&utm_content=thecause
17 minutes ago

As Fresno Files First Case, Maxwell Vows to Protect Wage Theft Unit

Fowler police and sheriff’s deputies arrested two residents Monday, May 12, 2025, after finding illegal firearms, drugs, and stolen property during a search of their home. (Fowler PD)
43 minutes ago

Fowler Felon Jailed After Officers Find Assault Rifle, Drugs in Home Search

48 minutes ago

Young People Drive Fresno to CA’s Top Job Growth: Wells Fargo Study

Sean 'Diddy' Combs, far left, looks on from the defense table with his attorneys, as a prospective juror, far right, answers questions posed by Judge Arun Subramanian, center, at Manhattan federal court, Monday, May 5, 2025, in New York. (Elizabeth Williams via AP)
1 hour ago

Judge Rejects Claim That Sean ‘Diddy’ Combs Was Treated Differently Because of His Race

Singer Tory Lanez returns to the Clara Shortridge Foltz Criminal Justice Center for his trial, Dec. 13, 2022, in Los Angeles. (AP File)
1 hour ago

Rapper Tory Lanez Attacked at a California Prison as He Serves Time for Megan Thee Stallion Shooting

A fire has shut down all southbound lanes of I-5 at Grapevine Road on Monday, May 12, 2025, prompting major traffic delays as crews work to extinguish the flames. (CHP)
1 hour ago

Grapevine Fire Forces Full Closure of Southbound I-5

2 hours ago

Fresno’s New Economic Development Leader Has Boomtown Expertise

2 hours ago

KMJ’s Ray Appleton Is Off the Air as He Deals With ‘Rare Condition’

Help continue the work that gets you the news that matters most.

Search

Send this to a friend