The agency and the manufacturer of a key abortion drug asked the justices to overturn a lower-court ruling that would limit access.
The Justice Department and the manufacturer of a key abortion drug asked the Supreme Court on Friday to overturn a lower-court ruling that would limit access to the medication, which is used in more than half of all abortions in the United States.
The Justice Department, which has joined the drug company in defending existing rules for mifepristone, asked the court to reverse the 5th Circuit’s ruling. Solicitor General Elizabeth B. Prelogar said the drug has been safely used by millions of people over more than two decades, and warned that the lower court’s decision would have “damaging consequences for women seeking lawful abortions and a healthcare system that relies on the availability of the drug under the current conditions of use.
The timing of the filings on Friday means the justices could take up the case in the term that begins the first week in October. If the Supreme Court decides not to take it, the appeals court ruling would stand, and mifepristone would be more difficult for patients to access even in states that have taken steps to protect abortion rights.
In its opinion overturning Roe in June 2022, the justices said they were returning the issue of abortion to the states. Denying review of the 5th Circuit ruling, Ellsworth said, would undermine the authority of those states that have chosen to expand and protect access to medication abortion. The challenge to mifepristone was brought by the Alliance for Hippocratic Medicine, an association of antiabortion doctors and others. The group asserted that the FDA did not sufficiently consider safety concerns when it approved the drug in 2000 or when it removed some restrictions years later - allowing the use of mifepristone through 10 weeks of pregnancy, for instance, instead of seven.
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