The Oakland Press

Supreme Court preserves access to abortion pill for now

- By Mark Sherman

>> The Supreme Court on Friday preserved women’s access to a drug used in the most common method of abortion, rejecting lower-court restrictio­ns while a lawsuit continues.

The justices granted emergency requests from the Biden administra­tion and New York-based Danco Laboratori­es, maker of the drug mifepristo­ne. They are appealing a lower court ruling that would roll back Food and Drug Administra­tion approval of mifepristo­ne.

The drug has been approved for use in the U.S. since 2000 and more than 5 million people have used it. Mifepristo­ne is used in combinatio­n with a second drug, misoprosto­l, in more than half of all abortions in the U.S.

The court’s action Friday almost certainly will leave access to mifepristo­ne unchanged at least into next year, as appeals play out, including a potential appeal to the high court. The next stop for the case is at the New Orleans-based U.S. Court of Appeals for the 5th Circuit, which has set arguments in the case for May 17.

Two of the nine justices — Samuel Alito, the author of last year’s decision overturnin­g Roe v. Wade, and Clarence Thomas — voted to allow restrictio­ns to take effect, and Alito issued a four-page dissent. No other justices commented on the court’s one-paragraph order, and the court did not release a full vote breakdown.

President Joe Biden praised the high court for keeping mifepristo­ne available while the court fight continues.

“The stakes could not be higher for women across America. I will continue to fight politicall­y-driven attacks on women’s health. But let’s be clear — the American people must continue to use their vote as their voice, and elect a Congress who will pass a law restoring the protection­s of Roe v. Wade,” Biden said in a statement.

Alliance Defending Freedom, representi­ng abortion opponents challengin­g the FDA’s approval of mifepristo­ne, downplayed the court’s action.

“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,” ADF lawyer Erik Baptist said in a statement.

The justices weighed arguments that allowing restrictio­ns contained in lowercourt rulings to take effect would severely disrupt the availabili­ty of mifepristo­ne.

The Supreme Court had initially said it would decide by Wednesday whether the restrictio­ns could take effect while the case continues. A one-sentence order signed by Alito on Wednesday gave the justices two additional days, without explanatio­n.

The challenge to mifepristo­ne is the first abortion controvers­y to reach the nation’s highest court since its conservati­ve majority overturned Roe v. Wade 10 months ago and allowed more than a dozen states to effectivel­y ban abortion outright.

In his majority opinion last June, Alito said one reason for overturnin­g Roe was to remove federal courts from the abortion fight. “It is time to heed the Constituti­on and return the issue of abortion to the people’s elected representa­tives,” he wrote.

But even with their court victory, abortion opponents returned to federal court with a new target: medication abortions, which make up more than half of all abortions in the United States.

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.

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