WASHINGTON, April 19 (Reuters)
The US Supreme Court has extended the temporary block on restrictions that limit access to the abortion pill, mifepristone, until Friday. Mifepristone is used in combination with misoprostol to perform medication abortions, which account for more than half of all US abortions. The case may potentially undercut federal regulatory authority over drug safety, as the Food and Drug Administration approved mifepristone in 2000.
The Biden administration and the pill’s manufacturer, Danco Laboratories, have requested a preliminary injunction issued by US District Judge Matthew Kacsmaryk in Texas be blocked. The injunction would significantly limit the availability of mifepristone while litigation proceeds. The Supreme Court’s conservative majority will be ruling on the issue, and the White House is prepared for a long legal battle.
If the restrictions were to be implemented, they would reverse measures taken by the FDA to facilitate access to mifepristone. These measures include allowing it to be distributed by mail and approving its use up to 10 weeks of pregnancy instead of seven. The restrictions would also suspend the approval of the pill’s generic version made by GenBioPro Inc., which accounts for two-thirds of the mifepristone used in the United States for medication abortions.
The Biden administration is striving to protect mifepristone amidst an increasing number of abortion bans and limitations imposed by states led by Republicans. This comes after the Supreme Court overturned the landmark 1973 Roe v. Wade decision, which had legalized abortion nationwide, in June 2022.
The Biden administration and Danco Laboratories informed the justices in their filings that if the restrictions were allowed to take effect, mifepristone might not be available for months. Additionally, current drug labels for mifepristone would have to be modified to reflect the reinstated limits on its use, a process that could take months and further complicate access to the pill. Despite these legal challenges, public opinion polls show little support for recent efforts to further restrict abortion access.
