Supreme Court Saves Abortion Pill Mifepristone—for Now
Source: The New Republic · Bias: Left
Summary
The Supreme Court restored access to the abortion drug mifepristone Monday, overturning a lower court ruling last week that blocked the pill from being distributed by mail. Justice Samuel Alito signed the measure, which temporarily lifts restrictions that mandated visiting a doctor or clinic in person in order to obtain the medication, following a ruling from the 5th U.S. Circuit Court of Appeals on Friday. Both sides of the case have a week to respond before the court weighs in further. Friday’s ruling from a three-judge panel led by Kyle Duncan, appointed by President Trump, upended years of precedent, including the Food and Drug Administration’s approval of mifepristone in 2000 and a 2024 Supreme Court ruling unanimously protecting access to the drug. The case stems from a lawsuit from the state of Louisiana alleging that mail access to the pill violates its own abortion bans. “Every abortion facilitated by FDA’s action cancels Louisiana’s ban on medical abortions and undermines its policy that ‘every unborn child is human being from the moment of conception and is, therefore, a legal person,’” Duncan wrote in his ruling. Alito is one of the most conservative justices on the Supreme Court, so his ruling is not necessarily a sign of support for mifepristone. He limited his administrative stay on the lower court ruling to one week, while most of the time, his stays are indefinite. Alito and his fellow conservatives have a 6-3 majority on the high court, so he could very well be biding his time, using this stay as a fig leaf. A total ban on the drug, not just on mail-in access, may be coming soon. This story has been updated.
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