The high court’s decision temporarily preserves nationwide access to mifepristone.
The Supreme Court ruled on Friday that the abortion pill mifepristone will remain legal in the United States, at least temporarily.
The ruling comes after a federal judge in Texas ruled in favor of a lawsuit arguing that the Food and Drug Administration didn’t have the authority to approve the drug.
Misoprostol, another drug used in abortions, also remains legal.
The Supreme Court has paused a Texas judge’s attempt to revoke federal approval of mifepristone, at least temporarily preserving nationwide access to a drug used to manage abortions and miscarriages.
In a short order issued on Friday night, the court granted the Biden administration’s request for a stay to the ruling from U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, while an appeal is being considered by the 5th U.S. Circuit Court of Appeals. Conservative Justices Samuel Alito and Clarence Thomas said that they would have denied the request.
The 5th Circuit previously blocked part of Kacsmaryk’s ruling after a Department of Justice appeal. Some of the ruling was kept in place, tightening rules for accessing mifepristone. Friday’s decision puts all of the Texas judge’s ruling on hold, pending the 5th Circuit’s decision on the merits of the case.
President Joe Biden celebrated the Supreme Court’s pause in a statement on Friday, saying that denying the stay « would have undermined » the « medical judgement » of the Food and Drug Administration (FDA) 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, » Biden said.
