On Wednesday, the Supreme Court announced that it will hear a case that could restrict access to the common abortion medication mifepristone.
This remands the issue of abortion to the court after the justices eliminated the constitutional right to one year ago.
A request from the Justice Department and one from Danco, the manufacturer of Mifeprex, the branded form of mifepristone, was granted by the court.
The two cases are consolidated and scheduled to be heard this term pursuant to the brief orders; a decision is anticipated by the conclusion of June.
A 6-3 conservative majority on the Supreme Court overturned Roe v. Wade and has since given the appearance of being hostile to abortion. However, access to mifepristone has remained unaffected by an emergency ruling issued by the Court in April.
In the United States, mifepristone is commonly used to terminate pregnancies within the initial ten weeks of development.
Since its initial approval in 2000, mifepristone has been utilized in approximately half of all abortions nationwide as the initial tablet in a two-pill regimen.
It is also employed in the management of miscarriages.
The legal dispute pertains to the drug approval process of the Food and Drug Administration (FDA) rather than abortion access. The decision may significantly affect the biopharmaceutical industry and the FDA’s authority to grant approvals.
In August, the 5th Circuit U.S. Court of Appeals ruled that mifepristone—both Mifeprex and its generic equivalent—may remain on the market in states where abortion is legal.
However, modifications implemented by the FDA since 2016 to facilitate access to the drug were deemed unlawful due to the agency’s failure to adhere to proper procedure during their implementation.
Both the manufacturer and the Biden administration filed appeals with the Supreme Court, imploring the justices to uphold the recent modifications as lawful.
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