The Biden administration and a drug manufacturer asked the Supreme Court on Friday to preserve access to an abortion drug free from restrictions imposed by lower court rulings, while a legal fight continues.
A ruling from the 5th U.S. Circuit Court of Appeals late Wednesday would prevent the pill, used in the most common abortion method, from being mailed or prescribed without an in-person visit to a doctor. It also would withdraw the Food and Drug Administration's approval of mifepristone for use beyond the seventh week of pregnancy. The FDA says it's safe through 10 weeks.
Mifepristone was approved by the FDA more than two decades ago and is used in combination with a second drug, misoprostol. "The 5th Circuit's decision is a significant victory for the doctors we represent, women's health, and every American who deserves an accountable federal government acting within the bounds of the law," said Erin Hawley, an attorney for Alliance Defending Freedom.
But the judges suggested FDA changes making mifepristone easier to obtain since 2016 were less consequential than its initial approval of the drug in 2000. It would be "difficult" to argue the changes were "so critical to the public given that the nation operated - and mifepristone was administered to millions of women - without them for sixteen years" the judges wrote.
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