


The U.S. Supreme Court on Wednesday temporarily extended its stay maintaining the Food and Drug Administration’s approval of the abortion pill mifepristone as legal challenges around the drug continue, according to media reports.
The stay, which was set to expire at 11:59 p.m. on Wednesday, will now remain in place until at least the end of the day on Friday.
The case stems from a lawsuit filed in November by Alliance Defending Freedom on behalf of the Alliance for Hippocratic Medicine, an organization of pro-life medical groups, as well as four pro-life doctors. The lawsuit claims that the U.S. Food and Drug Administration never had the authority to approve the two-pill chemical-abortion regimen when it did so nearly a quarter century ago. Lawyers for the government argue the drugs are safe and effective, and that the FDA’s 2000 approval process of mifepristone, one of the two drugs, was appropriate.
In early April, U.S. District Judge Matthew Kacsmaryk issued a ruling overturning the FDA’s 2000 approval of mifepristone. Less than a week later, a three-judge panel with the Fifth Circuit Court of Appeals voted to restore access to the drug, finding that the challenge to it’s approval was made after the statute of limitations expired. But the panel voted 2-1 to put a hold on recent changes the FDA has made that have made the drug easier to obtain, including limiting necessary doctor visits and allowing the pills to be dispensed through the mail.
The Biden administration appealed to the Supreme Court, “to defend the FDA’s scientific judgment and protect Americans’ access to safe and effective reproductive care,” according to a prepared statement from Attorney General Merrick Garland.
ADF has called for the Supreme Court to keep in place the appeals court ruling “that restored critical safeguards to chemical abortion drugs while the lawsuit proceeds.”
More than half of all abortions in the U.S. are now done using chemical-abortion pills.