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Mifepristone: Abortion pill ruling expected from US Supreme Court within hours Mifepristone: US Supreme Court delays abortion pill access decision
(about 2 hours later)
Watch: Abortion pills explained in 60 secondsWatch: Abortion pills explained in 60 seconds
Watch: Abortion pills explained in 60 secondsWatch: Abortion pills explained in 60 seconds
A ruling that would restrict access to an abortion pill across the US will soon take effect unless the conservative-dominated Supreme Court intervenes. A ruling that would restrict access to an abortion pill across the US will take effect unless the conservative-dominated Supreme Court intervenes.
The top court last year struck down the national right to abortion, leading over a dozen Republican-aligned states to pass outright bans. The top court last year struck down the national right to abortion, some Republican states passed outright bans.
The latest action by anti-abortion groups now seeks to limit access to the abortion pill mifepristone.The latest action by anti-abortion groups now seeks to limit access to the abortion pill mifepristone.
On Wednesday, the Supreme Court asked for more time to consider whether to keep mifepristone on the market.
The new deadline will be 23:59 EST on Friday (04:59 BST on Saturday).
The pill is used in more than half of abortions in the US.The pill is used in more than half of abortions in the US.
It was first approved by the Federal and Drug Administration (FDA) more than two decades ago. It was first approved by the Federal and Drug Administration (FDA) more than two decades ago. Here's how we got here.
On Wednesday, the Supreme Court is set to decide the future of the pill's access in the US. Here is how we got here: What has happened so far?
What is the Supreme Court ruling about? Earlier this month, a federal judge in Texas issued a preliminary injunction revoking the FDA's approval for the drug while he hears a lawsuit brought by a group of anti-abortion health professionals against the agency challenging the safety of mifepristone.
The case now being considered by the top court arrived there after a federal judge in Texas ruled the FDA had not properly considered the drug's health effects when the agency approved it in 2000. In the ruling, the Texas judge said the FDA rushed the approval and did not properly consider side effects. The FDA and several leading health organisations, like the American Medical Association, say the drug is safe and effective.
Minutes later, a federal judge in Washington state issued an opposing ruling, ordering the FDA to make no change to the drug's availability and preserving access to mifepristone in 17 US states.Minutes later, a federal judge in Washington state issued an opposing ruling, ordering the FDA to make no change to the drug's availability and preserving access to mifepristone in 17 US states.
The Texas ruling then went to the New Orleans-based 5th Circuit Court of Appeals, which ordered restrictions to accessing mifepristone, but did not outright suspend its FDA approval as the Texas judge had ordered. With these two rulings directly contradicting each other, the government appealed to the New Orleans-based 5th Circuit Court of Appeals.
The US justice department and Danco Laboratories, which manufactures the drug, then called on the Supreme Court to intervene, asking it to reverse the ban and restrictions on the pill. It also asked for the court to put the Texas order on hold while the appeal was heard, keeping mifepristone available.
On Friday, US Supreme Court Justice Samuel Alito, who oversees emergency matters for 5th Circuit, ordered a temporary block on the restrictions as the court considers the drug's future. The appeals court agreed to keep the drug on the market - but with additional restrictions.
What is the Supreme Court ruling about?
Last week, the US justice department and Danco Laboratories, which manufactures the drug, called on the Supreme Court to intervene, asking it remove restrictions from the pill while the lower appeals court continues to review the case as a whole.
On Friday, US Supreme Court Justice Samuel Alito, who oversees emergency matters for 5th Circuit, ordered a temporary block on the restrictions until Wednesday evening, when it would issue a decision on whether to keep mifepristone on the market while the Texas ruling works its way through the appeals process.
But by late Wednesday afternoon, the Supreme Court extended this deadline until Friday at 11:59 pm, keeping mifepristone on the market in interim without restrictions.
It did not offer an explanation as to why.
Could access to abortion pills change?Could access to abortion pills change?
Access to the abortion pill mifepristone across the US will hinge on what the Supreme Court decides to do.Access to the abortion pill mifepristone across the US will hinge on what the Supreme Court decides to do.
If it sides with the 5th Circuit Court of Appeals or issues no ruling by the end of Wednesday, mifepristone will remain available but conditions on its access will be imposed immediately. If it sides with the 5th Circuit Court of Appeals or issues no ruling by the end of Friday, mifepristone will remain available but conditions on its access will be imposed immediately.
These conditions include requiring that the drug be taken in the presence of a physician, that patients cannot receive the pill by post, and that the window for use of the pill shortens from up to 10 weeks of pregnancy to seven.These conditions include requiring that the drug be taken in the presence of a physician, that patients cannot receive the pill by post, and that the window for use of the pill shortens from up to 10 weeks of pregnancy to seven.
What might this all mean for other drugs?What might this all mean for other drugs?
Critics say that by overriding the FDA's approval, the court in Texas has usurped the federal health agency's remit to regulate food, medicine, and medical devices.Critics say that by overriding the FDA's approval, the court in Texas has usurped the federal health agency's remit to regulate food, medicine, and medical devices.
The Food, Drug, and Cosmetic Act of 1938 gives the FDA the authority to determine whether drugs are safe and effective, and typically, courts have deferred to the agency when it comes to scientific and medical decision-making.The Food, Drug, and Cosmetic Act of 1938 gives the FDA the authority to determine whether drugs are safe and effective, and typically, courts have deferred to the agency when it comes to scientific and medical decision-making.
Legal experts fear the ruling opens the door for challenges to other approved medicines in the US and could also stifle development of future drugs.Legal experts fear the ruling opens the door for challenges to other approved medicines in the US and could also stifle development of future drugs.
I Glenn Cohen, a Harvard Law School professor, told the BBC that the pharmaceutical industry could be wary of more legal challenges, particularly to treatments that have become political flashpoints in the US, like transgender health care and Covid-19 vaccines. I. Glenn Cohen, a Harvard Law School professor, told BBC News the pharmaceutical industry could be wary of more legal challenges, particularly to treatments that have become political flashpoints in the US, like transgender health care and Covid-19 vaccines.
"It's possible in any space, but … it's going to trickle down in some ways and play out to be the worst for drugs that are needed sometimes by discrete and insular minorities," Mr Cohen said. "It's possible in any space, but … it's going to trickle down in some ways and play out to be the worst for drugs that are needed sometimes by discrete and insular minorities," Prof Cohen said.
How safe is the abortion pill mifepristone?How safe is the abortion pill mifepristone?
How 'judge shopping' led to abortion-drug showdownHow 'judge shopping' led to abortion-drug showdown
What happens next?What happens next?
The Supreme Court is only deciding whether to put on hold the Texas ruling revoking access to mifepristone. At the moment, it is not debating the case itself. That is currently being decided on by the 5th Circuit court, although it eventually could make its way to America's top court too.
Ahead of Wednesday, the Alliance Defending Freedom, a conservative Christian legal advocacy group that filed the initial lawsuit against the FDA, submitted a brief to the Supreme Court asking it to let the restrictions on mifepristone go into effect.Ahead of Wednesday, the Alliance Defending Freedom, a conservative Christian legal advocacy group that filed the initial lawsuit against the FDA, submitted a brief to the Supreme Court asking it to let the restrictions on mifepristone go into effect.
Their ask has been supported by 147 Republican lawmakers, who submitted their own brief to the court, calling the removal of conditions on access to the drug "a dangerous game with the health and safety of women and girls."Their ask has been supported by 147 Republican lawmakers, who submitted their own brief to the court, calling the removal of conditions on access to the drug "a dangerous game with the health and safety of women and girls."
On the opposing side, a group of 253 Democratic lawmakers also weighed in, asking the Supreme Court to pause the original Texas ruling and leave mifepristone on the market as the case makes its way through the courts.On the opposing side, a group of 253 Democratic lawmakers also weighed in, asking the Supreme Court to pause the original Texas ruling and leave mifepristone on the market as the case makes its way through the courts.
The Democrats argued the Texas ruling would restrict access to abortion nationwide.The Democrats argued the Texas ruling would restrict access to abortion nationwide.
Both briefs indicate that abortion remains a politicised debate in the US. All eyes will now be on the Supreme Court to see what it decides. Both briefs indicate that abortion remains a politicised debate in the US.
Related TopicsRelated Topics
AbortionAbortion
US Supreme CourtUS Supreme Court
US abortion debateUS abortion debate
United StatesUnited States