The Supreme Court Just Ruled Abortion Pills Can Stay on the Market | Abortion

Justices Clarence Thomas and Samuel Alito dissented, with Alito arguing that the administration failed to show “irreparable harm.”

A common, effective, and safe abortion pill can remain on the market for now, the Supreme Court ruled Friday night, in the Supreme Court’s first major decision on abortion since the justices overturned Roe v. Wade last year.

Justices Clarence Thomas and Samuel Alito, two of the most hard-line right-wingers on the largely conservative-leaning court, publicly disagreed with the court’s order.

Over the past few weeks, the drug mifepristone, one of two drugs commonly used to induce medical abortions in the United States, has taken center stage in the nation’s relentless abortion wars. Although most research has found mifepristone to be safe, anti-abortion activists have asked the federal courts to suspend the Food and Drug Administration’s 2000 approval of the drug.

Judge Matthew Kacsmaryk, appointed by former President Donald Trump, initially agreed to do so on April 7. However, the US Court of Appeals for the 5th Circuit found on April 12 that it is too late to pause the FDA’s approval of mifepristone. Instead, the federal appeals court decided to impose heavy restrictions on mifepristone, including requiring it to be taken personally and relabeled for use only up to seven weeks of pregnancy, instead of 10.

Separately, a Washington state judge ordered 17 states and Washington, DC to maintain access to mifepristone “regardless” of the 5th Circuit court’s decision. This order sets up a direct conflict between the federal courts.

But the Biden administration asked the Supreme Court to suspend any court orders that would change the availability of mifepristone, and the justices agreed. Instead, mifepristone will remain on the market, without restrictions, while the case goes through the courts.

Alito, who wrote the opinion overturning Roe, argued in his dissent Friday that the administration had failed to show that it would suffer “irreparable harm” if the restrictions were implemented. He also accused the FDA of using dueling district court orders to create an environment of “regulatory chaos,” because the FDA did not appeal the court’s order in Washington, and suggested that it was also unclear whether the FDA would enforce court order to change its approach to mifepristone.

“The government has not allayed legitimate doubts that it would even pursue an adverse injunction in these cases, especially if it chooses to take enforcement actions to which it has strong objections,” Alito wrote. , arguing that the FDA has “enforcement discretion.”

If the justices do not act, the restrictions on mifepristone are set to take effect at 11:59 pm eastern time on Friday.

Source: https://www.vice.com/en/article/bvjzy3/supreme-court-mifepristone-abortion-pill-ruling