The nation’s highest court will consider a ruling from an Amarillo federal judge who revoked FDA approval of the abortion drug mifepristone. It’s the first major abortion-related case since the overturning of Roe v. Wade in 2022.
On Tuesday, the U.S. Supreme Court will hear arguments in a case that has the potential to upend access to mifepristone, a common abortion-inducing drug. This is the first major abortion case the high court has heard since the overturn of Roe v. Wade in 2022.The Alliance for Hippocratic Medicine, an organization of anti-abortion doctors, filed the initial lawsuit in November 2022, saying the U.S.
But less than two years later, the abortion issue is once again before the nine justices. While the question in this case is less fundamental than in the 2022 case that overturned Roe, the ruling would have widespread repercussions for abortion access nationwide. In 2019, the FDA approved a generic version of mifepristone, and then in January, after easing some requirements during the pandemic, the agency permanently lifted the in-person dispensing requirement, allowing the medication to be prescribed through telehealth appointments, dispensed at retail pharmacies and sent through the mail.
Kacsmaryk’s ruling would have revoked mifepristone’s approval and taken it off the market in the United States. But before it could go into effect, the 5th U.S. Circuit Court of Appeals intervened, allowing mifepristone to stay on the market but undoing some of the newer regulations allowing for the provision of generic mifepristone and telemedicine prescribing. That’s when the Supreme Court stepped in and said nothing would change about mifepristone’s regulations until the case was resolved.
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