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U.S. Supreme Court Extends Block on Access to Abortion Pill for Two Days

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published April 20, 2023

By Maria Laus, Author - LawCrossing

U.S. Supreme Court Extends Block on Access to Abortion Pill for Two Days

On Wednesday, U.S. Supreme Court Justice Samuel Alito granted a two-day extension to the temporary block on restrictions imposed by lower courts on access to the abortion pill, mifepristone. Anti-abortion groups are challenging the drug's federal regulatory approval. This move provides the Supreme Court with additional time to evaluate requests made by Danco Laboratories, the pill's manufacturer, and President Joe Biden's administration to block a preliminary injunction issued by U.S. District Judge Matthew Kacsmaryk in Texas on April 7. The request would significantly restrict the availability of mifepristone while the legal battle continues.

Justice Samuel Alito's recent order extended the halt on the dispute until Friday at 11:59 p.m. EDT (0359 GMT on Saturday). Previously, he had suspended the lower court rulings until Wednesday's end. The Supreme Court holds a 6-3 conservative majority.

With mounting abortion bans and restrictions by Republican-led states, the Biden administration seeks to defend mifepristone. The administration is ready for a lengthy legal battle on the matter, according to Press Secretary Karine Jean-Pierre.

The Food and Drug Administration (FDA) approved mifepristone in 2000, and the current case may undermine federal regulatory authority over drug safety. Jean-Pierre asserts the administration's support for FDA's independent expert authority in reviewing, approving, and regulating prescription drugs.

"We will continue to stand with FDA's evidence-based approval of mifepristone," Jean-Pierre stated. "And we will continue to support FDA's independent expert authority to review, approve, and regulate a wide range of prescription drugs."

Justice Samuel Alito of the U.S. Supreme Court has extended a temporary block by two days on lower court limits to access the abortion pill, mifepristone. This decision grants the justices more time to review requests by President Joe Biden's administration and the drug's manufacturer, Danco Laboratories, to block the preliminary injunction issued by U.S. District Judge Matthew Kacsmaryk in Texas that would significantly limit the availability of mifepristone while the legal challenge continues. Alito's order pushes the hold on the dispute until Friday at 11:59 p.m. EDT (0359 GMT on Saturday), having previously stopped the lower court rulings until the end of Wednesday. The Food and Drug Administration (FDA) approved mifepristone in 2000, but the current case could erode federal regulatory authority over drug safety. Mifepristone, combined with misoprostol, accounts for more than half of all U.S. abortions. The restrictions proposed would make it difficult to access the pill, potentially lasting for months, affecting not only the brand version but also the generic version of mifepristone. A majority of Americans, including 46% of Republicans, oppose Kacsmaryk's decision, according to Reuters/Ipsos public opinion polling.

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