A Friday afternoon order from the Supreme Court preserves the status quo on abortion pills till Wednesday, giving the justices time to study the case.
that the FDA improperly approved mifepristone, setting off a chain of responses from various other courts—including an initial ruling from Rice just one hour later, issuing an injunction blocking the FDA from “altering the status quo and rights as it relates to the availability of mifepristone.” The Fifth Circuit appeals court ruling upheld much of Kacsmaryk’s ruling. Rice’s ruling on Thursday made it clear the courts’ decisions are in direct contradiction.
The Circuit Court for the Eastern District of Washington also ruled this week the FDA was enjoined from “altering the status quo and rights, as it relates to the availability of mifepristone” as of January 2023—a direct conflict with the Fifth Circuit order staying modifications of the 2000 approval in 2016, 2019, 2021 and 2023.
Should the Supreme Court eventually allow the Fifth Circuit ruling from Wednesday to go into effect, despite the Washington state ruling from Thursday, access to mifepristone will decrease significantly across the country. Such a ruling would end telemedicine abortion, which has expanded significantly since the FDA approved it in 2021.
The FDA has always tightly restricted mifepristone, despite overwhelming medical evidence that the medication is extremely safe and effective. Mifepristone, originally called RU 486, was developed in 1980 by the French pharmaceutical company Roussel Uclaf and approved for use in France in 1988. But in the United States, the Bush administration blocked approval of the medication.
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