The Supreme Court returns to an issue that has divided it before: the use of mifepristone and when to defer to the FDA’s authority.
Roberts wrote that he was deferring to the expertise of the government agency, as he had in other decisions about pandemic restrictions.“The question before us is not whether the requirements for dispensing mifepristone impose an undue burden on a woman’s right to an abortion as a general matter,” Roberts wrote.
Liberal justices objected. Justices Sonia Sotomayor and Elena Kagan said the court was allowing the FDA to impose unfair restrictions. Now, the FDA, under the Biden administration, has done away with the requirement that patients pick up the drug from a doctor’s office or clinic and allows health professionals besides doctors to prescribe it.
The complicated issues at stake — there is a conflicting ruling from a federal judge in Washington state that requires the FDA to keep the drug available — make it even more difficult for the court.
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