BREAKING: US Supreme Court Justice Alito temporarily halted lower court rulings that set limits on access to abortion pill mifepristone, giving the court time to weigh a bid by the White House to defend the drug from a challenge by anti-abortion groups
The action by the conservative justice, who handles emergency matters arising from a group of states including Texas, freezes the litigation and maintains the current availability of mifepristone in the market pending a further order from himself or the entire Supreme Court, which has a 6-3 conservative majority.
Biden's administration is seeking to defend the availability of mifepristone in the face of mounting abortion bans and restrictions enacted by Republican-led states since the Supreme Court in June 2022the landmark 1973 Roe v. Wade decision that had legalized the procedure across the country. The Supreme Court 6-3 conservative majority.
Danco Laboratories, mifepristone's manufacturer, also asked the Supreme Court for similar relief on Friday. The company said it may be forced to halt operations in the face of regulatory uncertainty. In a case that could also undercut the FDA's authority to decide on the safety of drugs, the New Orleans-based 5th U.S. Circuit Court of Appeals on Wednesday declined the administration's request to block the restrictions ordered by Kacsmaryk on April 7. The 5th Circuit halted another part of Kacsmaryk's order that would have suspended the FDA's approval of the drug, effectively pulling it off the market.
The challengers to mifepristone have called the restrictions critical safeguards to a medication they consider dangerous. The Justice Department has said the challengers have no basis for second-guessing the FDA's scientific judgment and that when used as directed, adverse effects of mifepristone are exceedingly rare "just as they are for many common drugs like ibuprofen."
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