The court temporarily blocked the lower court ruling while an appeal proceeds over the...
Earlier this month, Texas District Judge Matthew Kacsmaryk moved to pause the Food and Drug Administration’s longstanding approval of the drug. Kacsmaryk, a religious conservative and appointee of former President Donald Trump, found that the agency had exceeded its authority in 2000 when it greenlit access to the pill. The Biden administration and New York-based Danco Laboratories, which makes mifepristone, immediately appealed.
It comprises half of a two-pill combination used to end pregnancies in more than half of abortions in the U.S. and Texas. The state has outlawed most abortions except in rare instances where a pregnant patient’s life is at risk. Last week, the Fifth Circuit granted a partial stay of Kacsmaryk’s order while it took up the full appeal. The appellate court left alone the drug’s FDA approval but brought back pre-2016 restrictions, such as allowing its use only up to seven weeks of pregnancy — down from 10 — and requiring three in-person doctor’s visits, instead of one. Women also might have been required to take a higher dosage of the drug than the FDA says is necessary.
Alito wrote in the 2022 case that it was time to “return the issue of abortion to the people’s elected representatives.” But this new case gives the court the ability to upend access to the most commonly used form of abortion even in states that have voted to protect it. .
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