An anti-abortion coalition is urging the Supreme Court to leave in place a lower court decision that would prevent patients from obtaining the abortion pill mifepristone by mail amid other new restrictions.
by the 5th U.S. Circuit Court of Appeals that would suspend several regulatory decisions by the Food and Drug Administration since 2016 that made it easier to obtain the drug.
They also dismissed the government's"sky-is-falling argument" about the implications of allowing the lower court ruling to go into effect. While the FDA has warned of regulatory chaos, the anti-abortion coalition's lawyers say that older regulations dating back to 2011 could immediately go into effect if the Supreme Court rejects the government's request.ruling on hold Friday
To win, the Biden administration would need the votes of at least five of the nine justices on the court, which last summer in a 5-4 ruling overturned the landmark Roe v. Wade ruling, which said women nationwide have the right to obtain abortions. But the appeals court allowed separate elements of Kacsmaryk’s decision to remain in place. If those parts go into effect, the FDA’s decision in 2021 to allow mifepristone to be distributed by mail would be suspended, as would the 2019 decision that approved a generic version of mifepristone, which is made by GenBioPro.
A federal judge in Washington state added a further wrinkle by issuing a preliminary injunction in a different case barring the FDA from “altering the status quo and rights as it relates to the availability of mifepristone.”
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