By Mark Sherman -
The Associated Press
The Supreme Court must decide before the end of this Friday, according to the term it imposed on itself, whether to keep the abortion pill mifepristone on the market while the legal battle is resolved or endorse the opinion of a Texas federal judge who annulled its approval by the Food and Drug Administration (FDA) decades ago.
In the latter case, mifepristone would be outlawed pending the final ruling on the litigation.
The Supreme Court had initially set last Wednesday as the deadline to decide, but extended it two more days without explaining the reasons (it could be to try to find a ruling with more support in a court with six conservatives and three progressives, or to give time to develop individual opinions).
The judges are scheduled to meet privately on Friday to discuss the matter.
[What can happen if access to mifepristone is interrupted?]
Majority of Americans Against Abortion Pill Restrictions
April 15, 202300:34
Mifepristone was approved in 2000 by the Food and Drug Administration (FDA) for use together with misoprostol to terminate a pregnancy within the legal timeframes provided by law.
Mifepristone makes up two-thirds of the abortion pills used in the country, according to its maker, GenBioPro Inc. More than five million women have used it, and multiple studies have shown it to be safe.
Anti-abortion groups, however, questioned in court the approval granted at the time by the FDA, and on April 7, federal judge Matthew Kacsmaryk, appointed by former President Donald Trump, revoked this authorization, which in effect left the abortion pill out. within the reach of women throughout the country.
[Kamala Harris champions the fight for access to abortion in a key role in the face of the 2024 presidential elections]
The judge granted a period before the entry into force of his ruling to open the possibility of an appeal.
Consulted by the Government of Joe Biden, the Court of Appeals for the 5th Circuit provisionally rejected the suspension of the drug until a final decision was made, although it accepted other restrictions, such as canceling its delivery by mail, prohibiting its purchase as a generic and forcing women to to visit a doctor in person at least three times.
"It seems to us an atrocity": controversy after the signing of a new law on abortion in Florida
April 14, 202301:49
The Court of Appeals also established that the drug should only be approved up to seven weeks of pregnancy, despite the fact that FDA medical experts have supported its use up to 10 weeks of gestation since 2016.
The Government therefore rejected this ruling and went to the Supreme Court to demand an urgent stoppage of the Texan judge's decision to ensure the supply of the abortion pill at least while the case is being resolved before the courts.
[Does the Bible condemn abortion as some Christians claim?]
This legal battle comes less than a year after the Supreme Court's conservative majority (six justices to three progressives) struck down the landmark federal abortion protection established decades ago in Roe v.
Wade.
Since then, more than a dozen conservative states have banned or limited the right to terminate a pregnancy.
To further complicate the situation, a federal judge in Washington ordered the FDA to ensure access to mifepristone under current rules in 17 Democratic-ruled states and the District of Columbia, which filed a separate lawsuit.
The Government has affirmed that this ruling and that of the Texas judge are in conflict, creating an untenable situation for the FDA.
[Florida Gov. Ron DeSantis signs law banning most abortions after six weeks of pregnancy]
If the Supreme Court decides not to block the Texas judge's ruling from taking effect, thereby outlawing mifepristone, the government has an alternative: ask the court to rule directly on the case and decide it before the summer.
But rarely has the Supreme Court taken such a step, which would mean leaving the appeals court without the possibility of examining this dispute.
The Court of Appeals for the 5th Circuit has already accelerated its schedule for the hearing of the case, which will be held on May 17.