The US Supreme Court has preserved access to a commonly used abortion pill, ruling that the drug can remain available while the legal case continues.
In a split decision, it also struck down restrictions on mifepristone imposed by a lower court, essentially maintaining the status quo.
The drug’s future has been thrown into question after a Texas judge tried to overturn its longstanding approval.
The issue of access to abortion can have far-reaching implications.
It comes after the Supreme Court – which has a 6-3 conservative majority – overturned Roe v Wade in June last year, ending a nationwide guarantee of abortion and allowing states to ban the procedure. Allowed.
With Friday’s ruling, the mifepristone case now returns to the lower 5th Circuit Court of Appeals.
The case is likely to return to the Supreme Court, which has handed down the most important decision on abortion since Roe was overturned.
Mifepristone is part of a two-drug regimen that now causes more than half of all abortions in the country. It has been used by more than 5 million women in the United States to terminate their pregnancies.
It was first approved by the US Food and Drug Administration (FDA) 20 years ago after a four-year review.
The FDA has also placed mifepristone in the category of 60 drugs that are regulated under the Additional Restrictions and Regular Evaluation System.
Mainstream medical organizations, including the American College of Obstetricians and Gynecologists and the World Health Organization, have stated that the abortion pill is safe and effective.
But earlier this month, Texas District Court Judge Matthew Kocksmark ruled to suspend Mifepristone’s FDA approval, saying the agency violated federal rules that allow for accelerated approval of some drugs. was given, and he made a mistake in the scientific evaluation of the drug.
Judge Coxmark’s initial decision came after a group of anti-abortion health professionals launched a lawsuit challenging the safety of mifepristone.
His April 7 decision came minutes before a Washington state judge ordered the FDA to make no changes to the drug’s availability and safe access to mifepristone in 17 US states.
US President Joe Biden’s administration appealed the Texas decision, asking that the Texas court order be stayed.
A divided appeals court said mifepristone could remain available, but with certain restrictions, while the appeal was pending.
Among the restrictions imposed by the 5th Circuit Court of Appeals was a limitation on sending pills by mail, effectively requiring an in-person visit. These restrictions have now been canceled by the Supreme Court.
Two conservative members of the Supreme Court, Justice Clarence Thomas and Justice Samuel Alito, publicly disagreed with the ruling, which came in a paragraph released hours before the self-imposed deadline.
Justice Thomas gave no reason for his dissent, while Justice Alito wrote that the Supreme Court has been criticized in the past for issuing emergency orders, which critics have called the “shadow docket.”
A full vote breakdown has not been released.
