We’re testing using AI-powered tools to provide an audio version of this story. While this audio recording is machine-generated, the story was written by human journalists.Mifepristone, a common abortion inducing medication, will remain on the market without additional restrictions after the U.S. Supreme Court unanimously rejected an anti-abortion group’s challenge to the drug’s approval.
This case originated in Amarillo, where only one anti-abortion judge hears almost all cases, and then went to the conservative 5th Circuit in New Orleans, which upheld most of the ruling. The Supreme Court stepped in at that point and allowed mifepristone to remain on the market while the case proceeded.
Almost immediately, anti-abortion groups began challenging the drug’s approval, starting with a citizen petition in 2002. The FDA did not respond to the petition until 2016, rejecting it the same day it announced new guidelines allowing the medication to be used through 10 weeks of pregnancy. Kacsmaryk gave the U.S. Department of Justice five days to appeal the ruling before it went into effect, which it did. The 5th Circuit ruled that the drug could remain on the market, but reinstated the restrictions that were in place before 2016. The Supreme Court stepped in at that point and ruled that nothing about mifepristone’s approval would change until the case was resolved.
The ruling notes that the plaintiffs bringing the lawsuit do not, in fact, use or prescribe mifepristone and are not required by the FDA to do so — and therefore they are unaffected by its accessibility in the market. “Allowing doctors or other healthcare providers to challenge general safety regulations as unlawfully lax would be an unprecedented and limitless approach and would allow doctors to sue in federal court to challenge almost any policy affecting public health,” it reads.
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