U.S. Supreme Court Justice Alito’s temporary halt on lower court rulings on mifepristone enables the Supreme Court to review the ongoing debate over reproductive rights, with the FDA’s authority, supporters and challengers of the drug, the White House’s stance, and public opinion all in the mix.
On April 14, U.S. Supreme Court Justice Samuel Alito issued a temporary halt to lower court rulings that set limits on access to the abortion pill, mifepristone. This move provides the court with time to weigh a bid by President Joe Biden’s administration to defend the drug amid a challenge by anti-abortion groups. The action by Alito maintains the current availability of mifepristone while the litigation contesting its federal regulatory approval proceeds. In this article, we will examine the issues surrounding mifepristone, the FDA’s authority, its supporters, the challenges of the drug, and the stance of the White House and public opinion.
Mifepristone and the FDA’s Authority
Mifepristone, which was approved by the U,S. Food and Drug Administration (FDA) in 2000, is utilized along with misoprostol to carry out medication abortions that constitute over 50% of all abortions in the U.S. The FDA, responsible for verifying the safety of food products, drugs, and medical equipment in the U.S., authorized the use of the drug.
The New Orleans-based 5th U.S. Circuit Court of Appeals declined the administration’s request to block the restrictions set by Texas-based U.S. District Judge Matthew Kacsmaryk on April 7. The limitations would significantly impede the distribution of mifepristone during the ongoing legal challenge to its federal regulatory authorization. The suspension of FDA approval of the drug, which would have removed it from the market, was blocked by the 5th Circuit, but another aspect of Kacsmaryk’s order remains in effect.
Challengers and Supporters of Mifepristone
Anti-abortion groups led by the Alliance for Hippocratic Medicine and four anti-abortion doctors sued the FDA in November to reverse the approval of mifepristone. The limitations imposed by the lower courts would reinstate the previous regulations on mifepristone, which had been lifted since 2016 as the FDA gradually increased accessibility. The restored restrictions would mandate three face-to-face medical consultations to acquire mifepristone and restrict its use to the initial seven weeks of pregnancy, a reduction from the current ten weeks.
The Justice Department has argued that the anti-abortion plaintiffs have no basis for second-guessing the FDA’s scientific judgment and that adverse effects of mifepristone are exceedingly rare when used as directed. Nonetheless, the opponents have deemed the limitations as essential measures to a drug they believe to be hazardous.
White House’s Stance and Public Opinion
In a statement, Karine Jean-Pierre, a spokesperson for the White House, declared that the Biden administration would persist in supporting the FDA’s verdicts, and that “the ongoing assaults on women’s health heighten the significance of this battle.” A Reuters/Ipsos poll conducted on April 14 revealed that 61% of Americans, including 51% of Republicans, oppose attempts to limit access to abortion pills. Furthermore, only 37% of respondents reported confidence in the Supreme Court to render impartial decisions in cases concerning abortion.
A Battle Long from Over
Justice Alito’s temporary halt of the lower court’s ruling provides a window for the Supreme Court to review the case before the new restrictions take effect. It is yet another battle in the contentious debate over reproductive rights and access to abortion in the United States. The FDA’s authority over the safety of drugs is being challenged, and both supporters and challengers of mifepristone are voicing their opinions. The White House has taken a firm stance in defense of the drug, and public opinion shows that the majority of Americans oppose restrictions on abortion pills. The battle over mifepristone’s distribution is far from over, and it remains to be seen how the Supreme Court will rule.
