The Supreme Court votes to preserve women’s access to a drug used in the most common method of abortion, rejecting lower-court restrictions while a lawsuit continues.
PUBLISHED 6:45 PM ET Apr. 21, 2023The Supreme Court on Friday preserved women’s access to a drug used in the most common method of abortion, rejecting lower-court restrictions while a lawsuit continues.
"Today, the Supreme Court granted the Department of Justice’s emergency stay application in Alliance for Hippocratic Medicine v.
Justices Samuel Alito, the author of last year’s decision overturning Roe v. Wade, and Clarence Thomas, whoafter that decision urging the court to reconsider rulings on same-sex marriage and contraception, voted to allow restrictions to take effect. No other justices commented. The justices weighed arguments that allowing restrictions contained in lower-court rulings to take effect would severely disrupt the availability of mifepristone.
But even with their court victory, abortion opponents returned to federal court with a new target: medication abortions, which make up more than half of all abortions in the United States. Responding to a quick appeal, two more Trump appointees on the 5th U.S. Circuit Court of Appeals said the FDA's original approval would stand for now. But Judges Andrew Oldham and Kurt Englehardt said most of the rest of Kacsmaryk's ruling could take effect while the case winds through federal courts.
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