Supreme Court has maintained access to abortion pill, for now–here’s what comes next

Although the U.S. Supreme Court last week maintained the availability of mifepristone–for now–many legal steps lie ahead to decide the ultimate fate of the abortion pill, and the case has opened the door to other litigation that could undermine the drug approval process and patients’ medication access, experts say.

The next step for the case will be a May 17 hearing before the Fifth Circuit Court of Appeals. Mifepristone will remain available until proceedings in that court–as well as any additional proceedings before the Supreme Court, if necessary–have finished. The case could very well end up back before the Supreme Court, experts say, but likely not before the court’s next term, which starts in October.

Mifepristone, first approved by the FDA in 2000, is part of the most commonly prescribed medication abortion regimen–generally being used alongside another drug, misoprostol. Although the Fifth Circuit Court of Appeals will hold a hearing on the Texas case in mid-May, it may take several more weeks to issue a decision, Sobel said.

The bigger concern, however, is for the public, Ostroff said. “They rely on the review and approval process that we’ve used in this country for decades to be able to assure the safety and efficacy of the drugs they’re using. I wouldn’t want to see that jeopardized.”

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