By Mark Sherman and Jessica Gresko -
The Associated Press
Nothing will change for now.
That's what the Supreme Court ruled this Friday on access to mifepristone, the most widely used abortion pill in the United States, in a court case that began in Texas and that seeks to reverse the approval of the Food and Drug Administration (FDA) to the drug.
Lower courts consider that women who wish to obtain the pill should face further restrictions in doing so while the case continues, but the Supreme Court disagreed.
His ruling will almost certainly not change access to mifepristone until at least next year, while other appeals, including a possible appeal, are resolved.
A group of people protest on April 15, 2023 in Los Angeles, California. Mario Tama / Getty Images
The new abortion controversy comes just under a year after the Supreme Court's conservative majority struck down Roe v.
Wade and allow more than a dozen states to ban this procedure.
We review how the case reached the country's highest court and what its future is.
What is mifepristone?
The Food and Drug Administration approved mifepristone for use more than two decades ago.
More than 5 million women have used it to terminate their pregnancies
safely, and currently more than half of those who decide to do so resort to this drug, according to the Department of Justice.
[The Supreme Court rules that the abortion pill mifepristone can stay on the market for now]
Over the years, the FDA has eased restrictions on its use by extending the period in which it can be used from seven to 10 weeks of pregnancy, reducing the dose needed, and eliminating the requirement to go to the doctor in person to obtain the pill so that they can be mailed. mail.
The FDA has also approved a generic version of mifepristone that accounts for two-thirds of the domestic market, according to its maker, Las Vegas-based GenBioPro.
Mifepristone. Anna Moneymaker / Getty Images
Mifepristone is one of two pills used in medical abortions, along with misoprostol.
Health professionals have said they will resort to the second only if mifepristone is unavailable or too hard to come by.
Misoprostol is less effective in terminating a pregnancy.
How did the case start?
In late 2022, a lawsuit against mifepristone was filed in Amarillo, Texas.
Alliance Defending Freedom, a conservative Christian legal group that represents opponents of the pill, said its FDA approval was a mistake.
Why Yellow?
District Judge Matthew Kacsmaryk, a nominee of former President Donald Trump, is the only district judge there, ensuring that all cases filed in the West Texas city are handled by him.
Since he took office, he has ruled against the Joe Biden Administration on other issues such as immigration and guarantees of protection for the LGBTQ community.
[The Department of Justice asks the Supreme Court for an "emergency" measure to guarantee access to the abortion pill]
On April 7, Kacsmaryk issued a ruling that would revoke the FDA's approval for mifepristone entirely, but he put the decision on hold for a week to allow for an appeal.
Complicating matters, however, on the same day that Kacsmaryk issued his decision, a Washington state court issued another ruling in a lawsuit brought by liberal states seeking to preserve access to mifepristone.
Washington Judge Thomas O. Rice, based in Spokane and appointed by former President Barack Obama, ordered the FDA not to take any action that would affect the availability of the pill in the plaintiff states.
The Biden Administration explained that it would be impossible to follow the guidelines of both judges at the same time.
How did the case get to the Supreme Court?
The Biden government responded to the Kacsmaryk ruling by asking the New Orleans-based 5th Circuit Court of Appeals to block the ruling from taking effect.
In these states, the abortion pill mifepristone is available
April 22, 202300:24
The appeals court limited Kacsmaryk's ruling so that mifepristone's initial approval in 2000 would not be revoked, but agreed that changes by the FDA to ease the drug's prescribing and dispensing rules should be stopped.
According to him, those rules, which include extending the time to take the pill and allowing delivery by mail, should be suspended while the case continued.
The appeals court ruled with two votes in favor and one against.
The majority justices, Kurt Engelhardt and Andrew Oldham, were also handpicked by Trump.
[Experts warn that the judge who ruled against the abortion pill used the language of the anti-abortion movement]
The Biden Administration and the maker of mifepristone, New York-based Danco Laboratories, have appealed to the Supreme Court, arguing that allowing the appeals court restrictions to go into effect would cause chaos.
The Supreme Court issued an order suggesting it would act on Wednesday afternoon, but made no decision that day and an extension was granted until just before midnight on Friday.
It was not clear why.
The Court issued a brief decision at about 6:30 p.m. in Washington.
Two conservative justices, Clarence Thomas and Samuel Alito, disagreed with the decision, but no other judges ruled.
What's next now?
The case is on the fast track.
Now that the Supreme Court has established the rules that will govern access to the pill, the decision can make its way through the courts.
The 5th Circuit Court of Appeals announced that
it will hear arguments on May 17
.
Both parties, as well as interest groups, will present briefs before the hearing and a group of three judges from the court will analyze the case, although the three judges have not been specified.
The most widely used abortion method in the US will remain available until the Supreme Court decides the merits of the case
April 21, 202301:50
The group will listen to the arguments and ask questions.
That will give the public an idea of what they think and their decision will be made in private after oral arguments and announced in writing.
Both parties have the opportunity to appeal, taking the case to the Court of Appeals or directly to the Supreme Court.
However, the judges will take a break in the summer and do not review the cases again until October.