Supreme Court says abortion pill mifepristone will remain broadly available during legal battle
Last edited Fri Apr 21, 2023, 08:29 PM - Edit history (3)
Source: CNBC
The Supreme Court on Friday ordered the abortion pill mifepristone to remain broadly available as litigation plays out in a lower court. The high courts decision came in response to an emergency request by the Department of Justice to block lower court rulings that would severely limit access to the medication even in some states where abortion remains legal.
The case will now be heard in the U.S. 5th Circuit Court of Appeals. The appeals court has scheduled oral arguments for Wed., May 17 at 1 p.m. CT. Mifepristone has become the flashpoint in the legal battle over abortion since the Supreme Court last summer overturned Roe v. Wade, the landmark 1973 decision that guaranteed abortion nationwide as a constitutional right.
Mifepristone, used in combination with another drug called misoprostol, is the most common method to terminate a pregnancy in the U.S., accounting for about half of all abortions.
President Joe Biden said the courts decision keeps mifepristone available to women and FDA approved to terminate early pregnancies. Biden said his administration will fight to protect access to mifepristone in the ongoing legal battle in the 5th Circuit Court of Appeals. I continue to stand by [the Food and Drug Administrations] evidence-based approval of mifepristone, and my administration will continue to defend FDAs independent, expert authority to review, approve, and regulate a wide range of prescription drugs, the president said.
Read more: https://www.cnbc.com/2023/04/21/supreme-court-says-abortion-pill-mifepristone-will-remain-broadly-available-during-legal-battle.html
STATEMENT FROM PRESIDENT BIDEN
Home Briefing Room Statements and Releases
Today, the Supreme Court granted the Department of Justice's emergency stay application in Alliance for Hippocratic Medicine v. FDA, preventing a lower court decision from going into effect that would have undermined FDA's medical judgment and put women's health at risk.
As a result of the Supreme Court's stay, mifepristone remains available and approved for safe and effective use while we continue this fight in the courts. I continue to stand by FDA's evidence-based approval of mifepristone, and my Administration will continue to defend FDA's independent, expert authority to review, approve, and regulate a wide range of prescription drugs.
The stakes could not be higher for women across America. I will continue to fight politically-driven attacks on women's health. But let's be clear - the American people must continue to use their vote as their voice, and elect a Congress who will pass a law restoring the protections of Roe v Wade.
###
https://www.whitehouse.gov/briefing-room/statements-releases/2023/04/21/statement-from-president-joe-biden-on-the-supreme-courts-decision-in-alliance-for-hippocratic-medicine-v-fda/
From a Slate reporter and link to the ruling is here (PDF) -
Link to tweet
@mjs_DC
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BREAKING: Supreme Court stays order banning mifepristone. This means mifepristone remains 100% legal and accessible in states where it is legal.
Thomas and Alito dissent.
https://s3.documentcloud.org/documents/23785998/22a901-22a902-order.pdf
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6:44 PM · Apr 21, 2023
Article updated.
Previous articles -
The case will now be heard in the U.S. 5th Circuit Court of Appeals. The appeals court has scheduled oral arguments for Wednesday, May 17 at 1 pm CT. Mifepristone has become the central flashpoint in the legal battle over abortion since the Supreme Court last summer overturned Roe v. Wade, the landmark 1973 decision that guaranteed abortion as a constitutional right nationwide.
Mifepristone, used in combination with another drug called misoprostol, is the most common method to terminate a pregnancy in the U.S., accounting for about half of all abortions. President Joe Biden said the Supreme Court's decision keeps mifepristone available to women and FDA approved to terminate early pregnancies.
Biden said his administration will fight to protect access to mifepristone in the ongoing legal battle in the 5th Circuit Court of Appeals. "I continue to stand by FDA's evidence-based approval of mifepristone, and my Administration will continue to defend FDA's independent, expert authority to review, approve, and regulate a wide range of prescription drugs," Biden said.
The high court's decision came in response to an emergency request by the Justice Department to block lower court rulings that would severely limit access to the medication even in some states where abortion remains legal. The case will now be heard in the U.S. 5th Circuit Court of Appeals. The appeals court has scheduled oral arguments for Wednesday, May 17 at 1 pm CT.
Mifepristone has become the central flashpoint in the legal battle over abortion since the Supreme Court last summer overturned Roe v. Wade, the landmark 1973 decision that guaranteed abortion as a constitutional right nationwide. Mifepristone, used in combination with another drug called misoprostol, is the most common method to terminate a pregnancy in the U.S., accounting for about half of all abortions.
Justices Samuel Alito and Clarence Thomas, both conservatives, opposed the Supreme Court's majority decision to grant the emergency request from the Biden administration and Danco Laboratories, the distributor of the brand name version of the drug, Mifeprex.
Original article -
Mifepristone has become the central flashpoint in the legal battle over abortion since the Supreme Court last summer overturned Roe v. Wade, the landmark 1973 decision that guaranteed abortion as a constitutional right nationwide.
The national legal battle over mifepristone began with a lawsuit filed by a coalition of doctors who oppose abortion, the Alliance for Hippocratic Medicine. Those doctors sought to force the Food and Drug Administration to pull the medication from the U.S. entirely.
Earlier this month, U.S. District Judge Matthew Kacsmaryk ruled in favor of the antiabortion doctors and issued a sweeping order that would have halted sales of mifepristone nationwide.
Freethinker65
(11,203 posts)Guess wealthy owners of businesses got nervous idiot partisan judges might take their products off the market just for spite.
rsdsharp
(12,002 posts)Back to the Fifth Circuit. Gee, what will they do?
peppertree
(23,342 posts)Thomas is like shit: he's ugly as hell, makes a stink every time, dumb as a rock - and always waits for someone to pull the chain before he makes a move.
BigmanPigman
(55,137 posts)peppertree
(23,342 posts)Would that someone could flush him down already.
BumRushDaShow
(169,747 posts)Hamlette
(15,556 posts)Frasier Balzov
(5,060 posts)The universal availability of mifepristone infringes on states' right to prohibit abortion.
PortTack
(35,820 posts)Frasier Balzov
(5,060 posts)And consequently whose agenda the law will be shaped to favor.
After Dobbs it really could not be otherwise.
bdamomma
(69,532 posts)to fight on. I don't trust the Opus Dei Christian mullahs.
bluestarone
(22,177 posts)1000% agree!!
Peregrine Took
(7,583 posts)mahatmakanejeeves
(69,850 posts)LetMyPeopleVote
(179,847 posts)homegirl
(1,965 posts)How can one measly judge in Texas make a ruling about the abortion pill that creates a shytestorm that could change the law for the entire country?
Honestly the real issue is that judges arent supposed to have any authority over federal organizations like the FDA whatsoever. This is a massive judicial overreach, since there is no law that has been broken by the FDA to rule on in the first place.
In fact, a judge making medical decisions is in effect breaking the law by practicing medicine without a license.
Karma13612
(4,981 posts)Crap is also a favorite with legislators.
Not sure why they are able to get away with it.
Anyway, I can exhale for awhile
👏😃❤️
Rhiannon12866
(255,525 posts)Doctors are afraid to do what's best for their patients for fear of being jailed - and doctors are leaving states with these laws that don't allow them to practice medicine responsibly. And this means that more patients - mostly women - will die.
Lonestarblue
(13,480 posts)has dropped to historic lows. People will view the SC as even more corrupt if they do nothing about Thomas, and continue to dismiss personal rights based on their Christian religious beliefs that violate the First Amendment. This Court has gone too far, and Dobbs was a big mistake.
Marius25
(3,213 posts)even enforce or listen to their ruling. So yeah, he admits their legitimacy is shot.
ShazzieB
(22,583 posts)I haven't read Alito's dissent yet. But if he is actually starting to realize how little respect much of the country has for him and his stupid opinions, I have this to say:

onenote
(46,140 posts)But it was obviously uncalled for given that the administration had publicly stated they would not follow such suggestions.
bucolic_frolic
(55,133 posts)SCOTUS has no business favoring one religion over another. Religion is a private matter unless you're ready to start a Crusade.
ananda
(35,144 posts)....
bluestarone
(22,177 posts)I really would like to see how this SC would handle it, IF NUMEROUS believers would demand THEIR religion be observed as well!!! God, i wish that would happen across the country!
Karma13612
(4,981 posts)The Jewish faiths request for abortion to remain legal. They are being infringed by loss of abortion rights and nothing is being done to address that.
The only religion that seems to get support is the church of fascists.
Mr.Bill
(24,906 posts)to decide this, but I wonder if this is one of those decisions that is written in such a way as to be a road map of how to do it in such a way that they will agree to ban the pill next time the issue comes before them.
Perhaps someone here will know after reading it and give their opinion.
Liberty Belle
(9,707 posts)To have standing,find the widow of some man who died of it.
Force the court to not just rule narrowly on an abortion medicine,but more broadly on whether a single judge can block any medication he or she wants to, even though the FDA approved it.
While it's good that the Supremes kept abortion meds available for now,we all know most of them want to block these if they can legally rationalize doing so.
Puppyjive
(987 posts)Viagara is handed out like candy, but the company I worked for could not cover contraceptive coverage. It pushed me over the edge.
ancianita
(43,307 posts)JohnSJ
(98,883 posts)If this is eventually banned by these cretinous judges, I fully expect California and other pro-choice states to ignore the ruling, and it will absolutely encourage civil disobedience, like was done with Civil Rights and other important rights
ancianita
(43,307 posts)The biggest weakness of SCOTUS rulings is their enforceability. When it comes to a private sphere like reproductive health, enforcing the denial of 1st Amendment privacy rights, 9th Amendment and 14th Amendment rights, would have sheriffs literally keeping women and their families under surveillance.
Any invasive privacy ruling is unenforceable, and reveals the lengths to which men in the public arena will go to spend the public's money to control women.
LetMyPeopleVote
(179,847 posts)I have to follow a web site call LawDork.
Link to tweet
https://www.lawdork.com/p/supreme-court-mifepristone-ruling
The stay of Kacsmaryks order granted on Friday will remain in place through the pending appeal at the U.S. Court of Appeals for the Fifth Circuit and during any appeal to the U.S. Supreme Court that follows.
Both Justices Clarence Thomas and Samuel Alito disagreed with the ruling.
Fridays ruling makes it almost certain that mifepristone will remain available on current terms for the near future, as its any Supreme Court appeal wouldnt be heard until next term.
In dissenting, Thomas simply stated that he would have denied the stay requests from the Justice Department and Danco Laboratories, the maker of Mifeprex. Alito wrote a four-page dissent, explaining why he did not believe the government or Danco justified a stay is needed in the case given the fact that the Fifth Circuit had already narrowed Kacsmaryks order during appeals.
bluestarone
(22,177 posts)I read this to ALLOW some states to stop access to their residents, while allowing TOTAL access to some other states. (great news for now) At least as of now i guess people can still travel to get this pill. The FIGHT continues! Wonder what time frame it will be? THIS will surly go all the way to the SC!
BumRushDaShow
(169,747 posts)although there would be a "new 3-judge panel" to look at the merits as the previous one only ruled on the emergency request.
obamanut2012
(29,369 posts)BumRushDaShow
(169,747 posts)Big pharma is going to have to save their own hides because the extremists want to cherry-pick what drugs will be "allowed". And since so many drugs on the market to treat a number of conditions, have warnings about use by pregnant women, then ALL of those drugs could be banned because they could "cause (loon-defined) 'abortion'" (in reality, a "miscarriage" ).
Yo_Mama_Been_Loggin
(135,702 posts)LetMyPeopleVote
(179,847 posts)GB_RN
(3,560 posts)How did I know it would be Uncle Slappy and Scammy Alito as the two who voted against granting an injunction to stay that shitty ban? They are predictable as hell. Not to mention evil and dumb as fuck.
yaesu
(9,327 posts)It's time to do away with the fascist court
Hassler
(4,921 posts)moniss
(9,056 posts)but we must not lose sight of how deep in the crapper we are at this point in our nation. The demonstrable facts are that a number of the justices committed perjury during their confirmation hearings. Let that sink in. They openly committed felony perjury knowingly and purposely. USC Title 18 Sections 1001 and 1621 are on point. In fact 1001 doesn't even require being under oath. We also have one justice who is demonstrably corrupt in his conduct with respect to his financial matters.
So the court majority is swinging on cases with justices who openly and knowingly committed felonies to get the seat. They did so because they knew that even if found out later that any real repercussion to them would be harsh words at most. That needs to change. There needs to be serious investigation of this matter. If we don't it is not inconceivable that a future GQP controlled Senate could nominate and ram through someone even more of a crackpot than Alito or someone with even deeper corruption. This clown of a judge in Texas should be on the hot seat of a full blown investigation for perjury right now. Not after he does more and more damage to the country for years on end. You can bet the GQP would love to have 9 of him on the SC.
SKKY
(12,801 posts)...F#@k all the way off, and stay all the way F#@ked off.
Marthe48
(23,175 posts)This crap should never have been brought to court. The pretend judge in tx should not have allowed it inside the door. Any 'legal' action since is a stab at normalizing attacks on women, the nation's agencies, and the government.
Don't normalize fascist attacks on our country. This is a sham.
MarcA
(2,195 posts)Some do and that's their intent. Put enough known whackos on the Courts so that the people will just as soon the Courts be destroyed if they can not be reformed. Then the same with Legislatures and finally the Executives.
Lunabell
(7,309 posts)This is not meant for BumRush, but for whomever titled the article!!! It is a safe and effective treatment for many disorders!!
https://www.ncbi.nlm.nih.gov/books/NBK557612/