Supreme Court ruling allows access to abortion drug for now
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Supreme Court ruling allows access to abortion drug for now
The US Supreme Court issued an emergency order Friday that, for now, effectively maintains women's legal access to the abortion medication mifepristone.
The order, granting a stay of a district court's order that sought to temporarily block access, as well as an appellate court's subsequent order that temporarily revived access on a limited basis, comes a week after the court received urgent requests from the Biden administration and mifepristone manufacturer Danco, asking it to intervene in those disputes over the FDA's approval of the drug.
"The April 7 order issued by the US District Court for the Northern District of Texas is stayed pending disposition of the appeal in the US Court of Appeals for the 5th Circuit," the high court wrote in the order. The court, which voted 7-2 to issue the stay, said the pause would survive an appeal of the district court order, if a timely appeal is made, as well as an appeal to the Supreme Court, should the court agree to hear such a potential case.
Associate Justice Samuel Alito, who submitted the matter to the full court, dissented from the court's decision. Associate Justice Clarence Thomas also disagreed with the pause, saying he would instead deny the applications for stays.
“Today’s Supreme Court ruling keeps mifepristone available. We urge the Fifth Circuit to overturn the order as this case goes to an appeal," GenBioPro, the generic maker of mifepristone, said in a statement.
On April 17, Supreme Court Associate Justice Samuel Alito extended a temporary stay first issued on Wednesday permitting mifepristone to remain on the market.
In the US, two companies are FDA-approved to produce and sell mifepristone: Mifeprex brand manufacturer Danco, and generic manufacturer GenBioPro. The drug is the first of two separate medications taken to terminate pregnancy in a medical abortion and to treat miscarriage. Misoprostol, which is also used to treat ulcers and other ailments, is used in the second step of the two-pill regimen.
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