In an order signed by Justice Samuel Alito, the court put a five-day pause on the fast-moving case so the justices can decide whether lower court rulings restricting the Food and Drug Administration's approval of the drug, mifepristone, should be allowed to take effect in the short term.
The type of order issued by the court Friday, an administrative stay, ordinarily is not an indication of what the justices will do going forward. It was signed by Alito because he handles emergency filings from Texas. Alito also is the author of last year's opinion overturning Roe v. Wade. 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.
"The 5th Circuit rightly required the agency to prioritize women's health by restoring critical safeguards, and we'll urge the Supreme Court to keep that accountability in place," said Hawley, a senior counsel with Alliance Defending Freedom, a conservative legal group that also argued to overturn Roe v. Wade.
Use of medication abortion jumped significantly after the FDA's 2016 rule expansion, according to data gathered by the Guttmacher Institute, a research group that supports abortion rights. In 2017, medication abortion accounted for 39% percent of abortions, but by 2020 it had increased to become the most common method, accounting for 53% of all abortions.When the drug was initially approved, the FDA limited its use to up to seven weeks of pregnancy.
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