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US Supreme Court temporarily blocks curbs on abortion pill

April 15, 2023

US Supreme Court Justice Samuel Alito temporarily halted a lower court ruling that imposed restrictions on the pill. Abortion rights advocates welcomed the move.

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The abortion pill on the palm of a lady, as another nudges pill out of the wrapper
Mifepristone, used in combination with another drug, is the most common method to terminate a pregnancy in the USImage: Charlie Riedel/AP/picture alliance

The US Supreme Court on Friday temporarily halted a lower court ruling that tightened restrictions on abortion pill mifepristone.

US Supreme Court Justice Samuel Alito issued an "administrative stay" to give the court more time to deliberate and allow parties in the case to submit their legal arguments. 

Medication abortion, or abortion with pills, account for more than half of abortions in the US.

Alexis McGill Johnson, the president of reproductive health provider Planned Parenthood Federation of America, welcomed the move, adding: "Let's be clear: No court should have been able to restrict access in the first place." 

Attorney General Merrick Garland announced Thursday he would ask the Supreme Court for an emergency order to stop the lower court ruling, which significantly constraints mifepristone access, from taking place.

The Justice Department has argued that the lower court order "will upend the status quo and scramble the complex regulatory regime governing mifepristone."

How have other courts sought to restrict mifepristone? 

A Texas court order suspended the Food and Drug Administration's (FDA) approval of mifepristone last week.

The FDA had approved the drug more than two decades ago, finding it safe to end an early pregnancy. It is used in combination with a second drug, misoprostol.

The US 5th Circuit Court of Appeals in a late ruling Wednesday then froze parts of the Texas judge's order and allowed people to keep using the drugs.

But the appeals court imposed strict conditions on access. In the 2-1 vote, the panel of judges put on hold changes made by the FDA since 2016 that made it easier to obtain the drug.

The appeals court order reduced the period of pregnancy when the drug can be taken and barred the mail delivery of the pills. It also required people to have three in-person visits with their doctor to take the pills. 

Abortion pill fight takes new meaning after Roe v. Wade overturn 

White House spokesperson Karine Jean-Pierre said President Joe Biden's administration would continue to stand by the FDA's decisions and that "the stakes of this fight could not be higher in the face of ongoing attacks on women's health."

The outcome of the battle over the pill could have far-reaching consquences on access to abortion even in states where it remains legal.

The Supreme Court overturned the federal right to abortion established in Roe v. Wade last year. Abortion rights are decided by the states, many of which have taken steps to curtail or ban abortions. 

rm/wd (AFP, Reuters)