The US Supreme Court has ruled that access to the abortion pill mifepristone can remain available while a legal case challenging its safety continues. In a split decision, the Court also rejected restrictions on the drug implemented by a lower court, essentially maintaining the status quo. The future of the drug was called into question after a Texas judge sought to invalidate its long-standing approval.
Mifepristone is part of a two-drug regimen that now accounts for more than half of abortions in the country. It has been used by more than five million women in the US to end their pregnancies.
Earlier this month, Texas court judge Matthew Kacsmaryk ruled to suspend the FDA approval of mifepristone, saying the agency had violated federal rules that allowed for the accelerated approval of some drugs, and had erred in its scientific assessment of the drug. Judge Kacsmaryk’s preliminary decision came after a group of anti-abortion health professionals launched a case challenging the safety of mifepristone.
The 5th Circuit Court of Appeals imposed certain restrictions on the drug, including a limit on sending the pills by mail, effectively requiring in-person visits. These restrictions have now been overturned by the Supreme Court, for now.
The case could have wide-ranging implications for abortion access, especially after the Supreme Court – which has a 6-3 conservative supermajority – overturned Roe v Wade in June last year, ending the nationwide guarantee to abortion and giving states the power to ban the procedure.
It is likely that the mifepristone case will come before the Supreme Court once again, setting up the most significant ruling on the issue of abortion since Roe was overturned.
Mainstream medical organisations, including the American College of Obstetrics and Gynaecologists and the World Health Organization, have said the abortion pill is safe and effective. But anti-abortion groups have raised concerns about the drug’s safety and have sought to limit access to it.
Kristan Hawkins, president of anti-abortion group Students for Life, said in a statement it was a “tragedy that the Supreme Court is allowing chemical abortion pills to stay on the market”. However, Friday’s ruling was welcomed by others, including US President Joe Biden, who said he would continue to defend the FDA’s independence and fight political “attacks on women’s health”.
The legal battle is not over – oral arguments for the case will begin before the 5th Circuit Court of Appeals in mid-May. But for now, Friday’s ruling had the immediate effect of reassuring healthcare providers that access would continue, at least for the time being.
