Supreme Court set to decide on abortion pill access
The Supreme Court extended a temporary stay to maintain the FDA's approval of the abortion pill mifepristone amid ongoing litigation.The Supreme Court is facing a self-imposed Friday night deadline to decide whether women's access to a widely used abortion pill will stay unchanged or be restricted while a legal challenge to its Food and Drug Administration approval goes on.
The Supreme Court had initially said it would decide by Wednesday whether the restrictions could take effect while the case continues. A one-sentence order signed by Justice Samuel Alito on Wednesday gave the justices two additional days, without explanation. In his majority opinion, Alito said one reason for overturning Roe was to remove federal courts from the abortion fight. "It is time to heed the Constitution and return the issue of abortion to the people's elected representatives," he wrote.
The abortion opponents filed suit in Texas in November, asserting that FDA's original approval of mifepristone 23 years ago and subsequent changes were flawed. Their ruling would effectively nullify changes made by the FDA starting in 2016, including extending from seven to 10 weeks of pregnancy when mifepristone can be safely used. The court also said that the drug can't be mailed or dispensed as a generic and that patients who seek it need to make three in-person visits with a doctor. Women also might be required to take a higher dosage of the drug than the FDA says is necessary.
And a new legal wrinkle threatens even more complications. GenBioPro, which makes the generic version of mifepristone, filed a lawsuit Wednesday to preemptively block the FDA from removing its drug from the market, in the event that the Supreme Court doesn't intervene.
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