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Kaelan Deese, Supreme Court Reporter


NextImg:Abortion pill maker asks Supreme Court to decide legality of mifepristone

The Supreme Court was asked Friday to decide the fate of a common abortion drug ahead of the 2024 election year.

Danco Laboratories, the manufacturer of mifepristone, asked the high court to reverse the U.S. Court of Appeals for the 5th Circuit's ruling that would put in place restrictions on how the drug should be used and distributed.

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Packages of Mifepristone tablets are displayed at a family planning clinic on April 13, 2023, in Rockville, Maryland. A Massachusetts appeals court temporarily blocked a Texas-based federal judge’s ruling that suspended the FDA’s approval of the abortion drug Mifepristone, which is part of a two-drug regimen to induce an abortion in the first trimester of pregnancy in combination with the drug Misoprostol.

Danco argued the appeals court ruling would have a "wildly destabilizing effect" not only for women but on the pharmaceutical industry at large, according to a copy of the petition obtained by media outlets.

“For the women and teenage girls, health care providers, and States that depend on [Food and Drug Administration's] actions to ensure safe and effective reproductive health care is available, this case matters tremendously,” Danco’s attorneys wrote in their filing.

The appeals court ruling remains on hold until the Supreme Court makes a decision about the case. The justices in April froze a lower court decision as a court fight about the pill proceeds in response to a filing from President Joe Biden's administration.

A panel of three judges on the appeals court ruled that the decisions the FDA made in recent years to make the drug more accessible failed to address safety concerns, prompting stiff pushback from the pharmaceutical industry and the Justice Department.

The legal fight against mifepristone started in November when a group of religious doctors who oppose "chemical abortions" known as the Alliance for Hippocratic Medicine sued to reverse the FDA's 2000 approval of the drug.

U.S. Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas made an unprecedented ruling in April to suspend the FDA's approval of the pill.

The panel on the 5th Circuit rolled back part of the Texas judge's ruling by keeping the original FDA approval in place as well as the agency's authorization of the pill's generic form.

If the Supreme Court takes up the case and upholds the appeals court decision, mifepristone would remain available but patients would face more hurdles to accessing the drug.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

Last year, the 6-3 Republican-appointed majority made the historic decision to overturn the precedent set under Roe v. Wade, allowing states to impose stricter rules on access to abortion in the case known as Dobbs v. Jackson Women's Health Organization.

A decision over the drug's approval ahead of the 2024 general election would likely add a new dynamic for voters considering who to choose as president, as Biden has championed access to abortion and chastised the Supreme Court's conservative supermajority that was installed by former President Donald Trump, his likely 2024 challenger.