The Supreme Court on Friday halted restrictions imposed by lower courts that would have limited access to the abortion pill mifepristone, resolving for now a massive and fast moving conflict over access to the drug while the underlying lawsuit is decided.
, including a requirement that Americans sit for in-person visits with doctors and a prohibition on the drug being dispensed through the mail. The Food and Drug Administration lifted those restrictions through a series of actions since first approving the drug in 2000, but aThe Supreme Court's decision Friday means those restrictions will not be imposed and the drug will remain available as it was before a series of court orders limiting access to it.
"As a result of the Supreme Court’s stay, mifepristone remains available and approved for safe and effective use while we continue this fight in the courts," Biden said in a statement Friday evening."I continue to stand by FDA’s evidence-based approval of mifepristone, and my administration will continue to defend FDA's independent, expert authority to review, approve, and regulate a wide range of prescription drugs.
Jessica Ellsworth, an attorney at Hogan Lovells who represented the drug manufacturer that makes the brand name version of mifepristone, said the decision"preserves crucial access to a drug relied on by millions of patients." The order, she said,"provides continuity to all concerned as we litigate the underlying issues in this case."the Biden administration's request and allowed the restrictions on the drug to take effect.
That action"would not remove mifepristone from the market," Alito wrote in a dissent from the court's decision."It would simply restore the circumstances that existed from 2000 to 2016 under three presidential administrations," Alito wrote. Alliance Defending Freedom, which filed the lawsuit against the FDA, downplayed the decision.
"As is common practice, the Supreme Court has decided to maintain the status quo that existed prior to our lawsuit while our challenge to the FDA's illegal approval of chemical abortion drugs and its removal of critical safeguards for those drugs moves forward," the group's senior counsel, Erik Baptist, said in a statement."We look forward to a final outcome in this case that will hold the FDA accountable.
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