U.S. Supreme Court: Mifepristone abortion pill remains unrestricted during legal challenge

Key takeaways :

• Mifepristone will remain available for now by mail and for abortions up to 10 weeks’ gestation.
• The SCOTUS order will be in effect during appeal of a district court ruling that suspended FDA approval of the drug.

On Friday, the U.S. Supreme Court issued an unsigned order putting on hold recent lower court rulings that would have restricted access to — or banned entirely — the abortion drug mifepristone.

The stay will remain until appeals to the case, Alliance for Hippocratic Medicine vs. U.S. Food and Drug Administration, are resolved, according to the order.

For now, the drug approved by the FDA in 2000 for use in medication abortion remains approved, and rules adopted since 2016 loosening original dispensing requirements and extending use up to 10 weeks’ gestation remain in effect.

In a statement following the announcement of the stay, the American College of Obstetricians and Gynecologists said, “ACOG is grateful that the Supreme Court listened to the medical experts and has maintained access to safe, effective mifepristone. Even though mifepristone has remained available over the past several weeks, the ongoing judicial attacks have led to widespread chaos and confusion, with clinicians uncertain as to whether and where they could prescribe the medication for abortion and miscarriage management.”

As Healio previously reported, on April 7, a U.S. District Court judge in Texas issued a ruling in the case that would have suspended FDA approval of mifepristone. On April 12, judges from the 5th U.S. Circuit Court of Appeals granted a stay of that decision. The appeals court let stand parts of the original ruling that would reverse regulations since 2016 governing distribution of mifepristone. The Biden administration and the drug manufacturer filed emergency appeals and sought a stay during the appeal process.

References:

• ACOG grateful Supreme Court "listened to the medical experts." Available at: https://www.acog.org/news/news-releases/2023/04/acog-grateful-supreme-court-listened-to-medical-experts. Published April 21, 2023. Accessed April 22, 2023.