In an order signed by Justice Samuel Alito, the court asked both sides to weigh in by Tuesday over whether lower court rulings restricting the Food and Drug Administration’s approval of the drug, mifepristone, should be allowed to take effect while the case works its way through federal courts. The order suggests the court will decide that issue by late Wednesday.
"This application concerns unprecedented lower court orders countermanding FDA’s scientific judgment and unleashing regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone," Solicitor General Elizabeth Prelogar, the Biden administration's top Supreme Court lawyer, wrote Friday, less than two days after the appellate ruling.
The court rarely acts so quickly to grant full review of cases before at least one appeals court has thoroughly examined the legal issues involved. Erin Hawley, a lawyer for the challengers, said in a statement that the FDA has put politics ahead of health concerns in its actions on medication abortion.
It’s unclear how the FDA can comply with court orders in both cases, a situation that Prelogar described Friday as untenable.
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