Biden administration to take abortion pill case to Supreme Court | Court News
The decision comes shortly after an appeals court left in place numerous restrictions on access to abortion pills.
The United States Department of Justice (DOJ) will ask the Supreme Court to suspend restrictions on the sale of the abortion pill mifepristone, soon after a ruling by a Court of Appeal which restricted an earlier decision that would have revoked approval for the use of the pill.
However, this appeals court nonetheless imposed numerous restrictions on the availability of mifepristone, preventing it from being mailed or distributed to patients between seven and ten weeks of pregnancy, as permitted by the Food and United States Drug Administration (FDA) in recent years.
U.S. Attorney General Merrick Garland said Thursday that the DOJ will seek emergency assistance from the Supreme Court as the Biden administration try to defend access to the abortion pill.
“We will seek urgent assistance from the Supreme Court to uphold the FDA’s scientific judgment and protect Americans’ access to safe and effective reproductive care,” Garland said in a statement. statement THURSDAY.
Access to abortion pills as mifepristone became a focus of anti-abortion rights groups following the Supreme Court’s decision to overturn Roe vs. Wade last June, removing the constitutional right to abortion in the United States. In the months that followed, many Republican-led states passed sweeping abortion bans.
Last Friday, Texas District Judge Matthew Kacsmaryk issued an injunction who reportedly temporarily suspended FDA approval for mifepristone while he hears litigation over access to the pill.
This decision was quickly challenged by the Biden administration, and the 5th U.S. Circuit Court of Appeals in New Orleans ruled late Wednesday that mifepristone can still be used.
However, in a two-to-one decision, the appeals court left certain restrictions in place, overturning guidelines issued by the FDA in 2016 to facilitate access to mifepristone.
Those 2016 rules had allowed mifepristone to be dispensed without a visit to a doctor and allowed women up to 10 weeks pregnant to use the pill, increased to seven weeks.
In her statement, Garland said the DOJ “strongly disagrees” with the appeals court ruling and will appeal those restrictions to the Supreme Court.
Abortion pills, like mifepristone, account for more than half of all abortions in the United States and can be used safely in private settings. Additionally, mifepristone is used to treat miscarriages as well as Cushing’s disease.
The FDA, the federal agency which determines drug and drug safety, approved the use of mifepristone more than 20 years ago, and the Biden administration said Kacsmaryk’s decision undermined the agency’s ability to make decisions scientists on drug safety.
“We will continue to fight in court, we believe the law is on our side and we will prevail,” White House press secretary Karine Jean-Pierre told reporters on Thursday.
The Department of Justice is right to fight last night’s appeals court ruling that bars the mailing of the abortion pill mifepristone. This drug has been used safely for decades.
Extremist pressure to limit abortion is not a matter of science or safety; it is misogyny.
— Katie Porter (@katieporteroc) April 13, 2023
The DOJ’s decision to appeal the decision has been welcomed by politicians and pro-abortion rights groups.
“The Department of Justice is right to challenge last night’s appeals court ruling preventing the mailing of the abortion pill mifepristone. This drug has been used safely for decades,” California Congresswoman Katie Porter posted on Twitter. “Extremist pressure to limit abortion is not a matter of science or safety; it is misogyny.
In a message posted to Twitter on Thursday, Jeanne Mancini, president of the anti-abortion rights group March for Life, said the group was “pleased” with the court’s decision to uphold what she called “restrictions”. common sense”.
