Supreme Court to hear medication abortion case
WASHINGTON — The Supreme Court agreed on Wednesday to take up a dispute over a medication used in the most common method of abortion in the United States, its first abortion case since it overturned Roe v. Wade last year.
The justices will hear appeals from the Biden administration and the maker of the drug mifepristone asking the high court to reverse an appellate ruling that would cut off access to the drug through the mail and impose other restrictions, even in states where abortion remains legal. The restrictions include shortening from the current 10 weeks to seven weeks the time during which mifepristone can be used in pregnancy.
The nine justices rejected a separate appeal from abortion opponents who challenged the Food and Drug Administration’s initial approval of mifepristone as safe and effective in 2000.
The case will be argued in the spring, with a decision likely by late June, in the middle of the 2024 presidential and congressional campaigns.
Mifepristone, made by New York-based Danco Laboratories, is one of two drugs used in medication abortions, which account for more than half of all abortions in the United States. More than 5 million people have used it since 2000.
The Supreme Court overturned the constitutional right to an abortion in June 2022. That ruling has led to bans on abortion at all stages of pregnancy in 14 states, with some exceptions, and once cardiac activity can be detected, which is around six weeks, in two others.
Abortion opponents filed their challenge to mifepristone the following November and initially won a sweeping ruling six months later revoking the drug’s approval entirely. The appeals court left intact the FDA’s initial approval of mifepristone. But it would reverse changes regulators made in 2016 and 2021 that eased some conditions for administering the drug.
The justices blocked that ruling from taking effect while the case played out, though Justices Samuel Alito, the author of last year’s decision overturning Roe, and Clarence Thomas said they would have allowed some restrictions to take effect while the case proceeded.
Women seeking to end their pregnancies in the first 10 weeks without more invasive surgical abortion can take mifepristone, along with misoprostol. The FDA has eased the terms of mifepristone’s use over the years, including allowing it to be sent through the mail in states that allow access.
In its appeal, the Democratic administration said the appeals court, the 5th U.S. Circuit Court of Appeals in New Orleans, ignored the FDA’s scientific judgment about mifepristone’s safety and effectiveness since its approval in 2000.
White House press secretary Karine Jean-Pierre said on Wednesday that the appellate ruling “threatens to undermine the FDA’s scientific, independent judgment and would reimpose outdated restrictions on access to safe and effective medication abortion.”
Lawyers for the anti-abortion medical groups and individual physicians who have challenged the use of mifepristone had urged the Supreme Court to turn away the appeals.
“The modest decision below merely restores the common-sense safeguards under which millions of women have taken chemical abortion drugs,” wrote lawyers for the Alliance Defending Freedom, which describes itself as a Christian law firm. The lead attorney on the Supreme Court filing is Erin Hawley, wife of Republican Sen. Josh Hawley of Missouri.
Also Wednesday, the Supreme Court said it will hear an appeal with the potential to upend hundreds of charges stemming from the Capitol riot, including against former President Donald Trump.
The justices will review a charge of obstruction of an official proceeding that has been brought against more than 300 people. The charge refers to the disruption of Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump.
That’s among four counts brought against Trump in special counsel Jack Smith’s case that accuses the 2024 Republican presidential primary front-runner of conspiring to overturn the results of his election loss. Trump is also charged with conspiracy to obstruct an official proceeding.
The court’s decision to weigh in on the obstruction charge could threaten the start of Trump’s trial, currently scheduled for March 4. The justices separately are considering whether to rule quickly on Trump’s claim that he can’t be prosecuted for actions taken within his role as president. A federal judge already has rejected that argument.
The Supreme Court will hear arguments in March or April, with a decision expected by early summer.