The United States Supreme Court has agreed to hear the Biden administration’s appeal regarding a lower-court ruling that imposed restrictions on access to abortion pills. The 5th U.S. Circuit Court of Appeals ruled in August which deemed the FDA’s actions, under both the Obama and Biden administrations, as illegal concerning the prescription of the popular abortifacient mifepristone.
Initially approved with stringent safety standards by the FDA, mifepristone was subject to in-person prescription and administration under medical supervision, with the approved period of use limited to seven weeks gestation. In 2016, the Obama administration relaxed these standards, extending the period of use to ten weeks gestation. The Biden administration, citing the Covid-19 pandemic in 2021, further lowered safety standards, allowing telemedicine prescriptions and the mailing of the drug to women seeking chemical abortions.
National Review reports that a group of concerned Texas doctors and pro-life advocates challenged the FDA’s rollback of what they considered crucial safety standards. The 5th Circuit Court sided with them, asserting that the FDA had acted unlawfully in 2016 and later under the Biden administration. If upheld, this decision would prohibit telemedicine prescriptions and the mailing of mifepristone, significantly impeding the interstate exchange of abortion pills and dealing a substantial blow to pro-choice groups.
The 5th Circuit’s ruling is currently on hold, awaiting the Supreme Court’s decision. The justices are expected to hear arguments in the coming months, with a decision anticipated by the end of June. This case holds considerable implications for the accessibility of abortion pills and the ongoing debate surrounding reproductive rights in the United States. The Supreme Court’s ruling will shape the landscape of abortion regulations, influencing the balance between safety standards and women’s access to reproductive healthcare services.
