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SCOTUS Lifts Abortion Pill Restrictions Pending Final Ruling
A decision by a SCOTUS judge has temporarily restored access to the abortion pill by lifting restrictions from a Texas ruling, pending a final ruling by SCOTUS in the coming week.
On April 14, 2023, an order by Samuel A. Alito, Jr., a judge for the United States Supreme Court (SCOTUS), issued an order that lifted restrictions on the abortion pill, pending a final ruling from the supreme court.
The order was issued after a Texas judge ruled to reverse the FDA approval of mifepristone, the abortion pill. The case, presided by Trump-appointed Judge Matthew J. Kascsmaryk, was filed by the Alliance for Hippocratic Medicine against the US FDA to overturn the approval of mifepristone, which had been available in the US since its approval in 2000.
Kascmaryk’s preliminary injunction invalidating the drug’s initial approval marks the first time a judge has decided to overrule the authority of the FDA. The debate around the ruling has involved comments by healthcare professionals and legal experts refuting this decision as unsafe or unjust.
Meanwhile, a directly conflicting preliminary injunction was issued by Judge Thomas O. Rice in Washington state. This injunction reinforced access to abortion rights, stating that abortion pills must remain available without restrictions in 17 states and Washington, DC.
The clashing decisions confused many about abortion access in the US, exacerbating frustrations from state-dependent abortion legislation. Backed by many major healthcare organizations, the Biden administration announced its support for widened abortion access by declaring its commitment to fight the Texas ruling.
As many predicted, the final decision will be up to SCOTUS. In the meantime, Alito has issued the following comment regarding the Alliance for Hippocratic Medicine v. United States FDA case:
“It is ordered that the April 7, 2023 order of the United States District Court for the Northern District of Texas, case no. 2:22-cv-223, is hereby administratively stayed until 11:59 pm (EDT) on Wednesday, April 19, 2023. It is further ordered that any response to the application be filed on or before Tuesday, April 18, 2023, by 12 pm (EDT).”
As healthcare professionals, legal experts, and the FDA await the final ruling by SCOTUS, many believe this case will set a precedent for judicial involvement in FDA decisions. Should SCOTUS ruling favor overturning mifepristone approval, every FDA-approved drug may be subject to the same standard.
