Supreme Court allows mifepristone use, for now
Case emerged from Texas after judge there ruled FDA couldn't approve drug
The abortion rights movement had a temporary victory that will advance reproductive care as a lower court determines what to do about a conflict between the Food and Drug Administration and a judge in Texas.
On Friday, the Supreme Court protected access to mifepristone, the first pill in a two-pill regimen that causes abortion. Earlier this month, Judge Matthew Kacsmaryk, who is a member the U.S. District Court for the northern district of Texas, invalidated the Food and Drug Administration’s long-time approval of mifepristone. His ruling was quickly invalidated by a Washington State judge who said that the pill could continue to be available. The case went to the Supreme Court to determine what to do with mifepristone access as the case gets considered by a lower court of appeals.
The case will now go back to the Fifth Circuit Court of Appeals. Greer Donley, a law professor at the University of Pittsburgh and leader in the reproductive rights movement, explained the significance of the ruling and what to expect next.
“It's anyone's guess what the Fifth Circuit is going to do,” Donley said. I mean this is the court that preliminarily determined that there was enough evidence to allow a partial preliminary injunction to go into effect. So I think we're gonna have to kind of wait and see what the court does.”
Donley said the early decisions were not favorable for the abortion rights side. But the court’s choice in this matter could influence things.
“The Supreme Court's decision here might have an effect on how the Fifth Circuit rules given that at least five justices did not think there was a strong enough case to justify a stay,” Donley said.