What is mifepristone, how did this case get to the Supreme Court, and what could happen next?
would face more restrictions while a court case plays out. But on the day of the highly anticipated decision the justices had only this to say: We need more time.. There was no explanation of the reason for the delay.
Over the years, the FDA has loosened restrictions on the drug’s use, extending from seven to 10 weeks of pregnancy when it can be used, reducing the dosage needed to safely end a pregnancy, eliminating the requirement to visit a doctor in person to get it and allowing pills to be obtained by mail. The FDA also approved a generic version of mifepristone that its manufacturer, Las Vegas-based GenBioPro, says makes up two-thirds of the domestic market.
On April 7, Kacsmaryk issued a ruling that would revoke the FDA's approval of mifepristone, but he put the decision on hold for a week to allow an appeal. Last week, the appeals court narrowed Kacsmaryk's ruling so that the initial approval of mifepristone in 2000 is not affected, for now. But it agreed with him that changes the FDA made to relax the rules for prescribing and dispensing the drug should be put on hold. Those rules included expanding when the drug could be taken and allowing for the drug's delivery through the mail.
The justices could talk about the issue further then. The additional time could also be part of an effort to craft an order that has broad support among the nine justices. Or one or more justices might be writing a separate opinion and asked for a couple of extra days.The Supreme Court’s delay suggests a maddening reality about an institution that ordinarily adheres to a schedule that hasn’t changed much in years: Even experts can be in the dark about when the court will decide things and how.
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