President Joe Biden’s administration has appealed to the Supreme Court, urging them to overturn a recent appeals court decision that would impose significant restrictions on access to the abortion pill mifepristone. The federal appeals court in Louisiana ruled last month that the Food and Drug Administration (FDA) had exceeded its authority by making it easier for Americans to obtain the drug, such as allowing prescriptions to be filled by mail. However, the ruling was put on hold, and both sides now aim to resolve the matter at the Supreme Court.
The Biden administration’s appeal argues that the 5th Circuit’s decision would disrupt the pharmaceutical industry and prevent the FDA from fulfilling its responsibilities based on scientific judgment. U.S. Solicitor General Elizabeth Prelogar emphasized that numerous studies have shown that serious adverse events associated with mifepristone are rare when the drug is taken according to approved conditions of use.
The Supreme Court will take several months to decide whether to accept the case. In the meantime, mifepristone will remain available as it was before the court’s involvement. The 5th Circuit’s decision dismissed part of the lawsuit challenging the FDA’s approval of the drug but restricted its distribution through mail and disallowed certain prescribing practices by pharmacists.
Critics of the FDA’s decision argue that the agency failed to address concerns about the drug’s safety and didn’t follow its own protocols during its expedited approval. However, government agencies and outside experts have deemed mifepristone to be safer than commonly used drugs like Tylenol and Viagra.
This case holds significant importance as conservative states have enacted abortion bans following the Supreme Court’s decision to overturn Roe v. Wade. Medication abortion, which mifepristone facilitates, accounts for about half of all abortions in the United States.
The case has already reached the Supreme Court once before, when the court allowed full access to mifepristone while the lawsuit proceeded in lower courts. This temporary decision will remain in effect until the appeal is resolved. The outcome of this appeal will have long-term implications for access to the abortion pill and the future of reproductive rights in the country.
