Supreme Court Pauses Federal Court’s Restrictions on Abortion Pill Access
Do you think the Supreme Court should restore nationwide access to the abortion pill?
Updated 5pm EST, April 14th, 2023
- Supreme Court Justice Samuel A. Alito Jr. issued a temporary pause on the federal court's ruling, ensuring that the abortion pill, mifepristone, will remain widely accessible.
- The court's short order, known as a "shadow docket," will expire at midnight on Wednesday, April 19.
What’s the story?
- The Biden administration filed an emergency application to the Supreme Court requesting the justices pause parts of an appeals court ruling that limited the accessibility of the abortion pill.
- The application asked the court to allow the drug, mifepristone, to remain widely available while the government pursues an appeal.
- This is the first major abortion case to reach the Supreme Court since Roe v. Wade was overturned in June 2022.
What led to the application?
- Last week, District Judge Matthew J. Macsmaryk, a Trump appointee, revoked the Food and Drug Administration’s (FDA) approval of mifepristone. Macsmaryk’s decision made the sale of the medication illegal nationwide. The FDA approved the drug over 20 years ago, but anti-abortion activists claim the administration failed to test its safety sufficiently. Mifepristone is used in around 98% of medical abortions in the U.S.
- Immediately after the decision, the Obama appointee, District Judge Thomas Rice, issued a contradictory ruling ordering the FDA not to change mifepristone access across 17 Democrat-led states.
- Earlier this week, the New Orleans-based 5th U.S. Circuit Court of Appeals announced it would allow partial access to the drug but kept multiple limitations in place. The appeals court eliminated measures introduced by the FDA in 2016 to increase accessibility to the drug. The restrictions include: requiring an in-person doctor visit to prescribe and dispense mifepristone, limiting the approval of its use to the first seven weeks of pregnancy rather than 10, and banning the distribution of the drug through the mail.
- Following the appeals court’s decision, the Justice Department stepped in to condemn the dialing back of accessibility. DOJ lawyers argued that the court’s actions “upended decades of reliance” by depriving patients of dependable access “based on the court’s own misguided assessment of the drug’s safety.”
What does the request say?
- The application criticizes the court’s ruling, saying the plaintiffs lacked standing to challenge a drug they do not take, prescribe, or understand scientifically. Solicitor General Elizabeth B. Prelogar, representing the FDA, wrote:
"The district court countermanded a scientific judgment F.D.A. has maintained across five administrations; nullified the approval of a drug that has been safely used by millions of Americans over more than two decades; and upset reliance interests in a health care system that depends on the availability of mifepristone as an alternative to surgical abortion for women who choose to lawfully terminate their early pregnancies."
- A second emergency application was filed by Danco Laboratories, manufacturer of the branded version of mifepristone. The company’s lawyers said the justices should defer to the FDA’s scientific expertise in determining that the drug is safe and effective. The company wrote:
“The lack of emergency relief from this court will also harm women, the health care system, the pharmaceutical industry, states’ sovereignty interests and the separation of powers.”
Read more about Judge Macsmaryk’s decision here, and the appeals court's decision here.
Do you think the Supreme Court should restore nationwide access to the abortion pill?
-Jamie Epstein
The Latest
-
IT: 🛢️ New Vermont measure could charge Big Oil for climate damages, and... Do you think Trump is guilty?Welcome to Friday, May 10th, friends... Vermont could be one of the first states to hold Big Oil accountable for the damages read more...
-
Stormy Daniels Takes the Stand in Trump Hush Money TrialUpdated May 9, 2024, 5:00 p.m. EST Adult film star Stormy Daniels, also known as Stephanie Clifford, spent two days on the stand read more... Law Enforcement
-
Vermont Measure to Charge Big Oil for Climate DamagesWhat’s the story? Vermont is expected to become one of the first states to hold Big Oil accountable for the damages caused by read more... Environment
-
IT: Trump's 2016 'deny, deny, deny' campaign strategy, and... How can you help the civilians of Ukraine?Welcome to Wednesday, May 8th, weekenders... As Trump's hush money trial enters it's third week, the 2016 campaign strategy of read more...
With 6 out of 9 judges being Catholic and pro-birthers, suspect only pressure from pharmaceutical companies via the Federalist Society to maintain the existing FDA drug approval process will be the only reason they protect the current 10 week label of mifepristone being dispensed by pharmacies unless of course they suddenly start practicing law and realize this case has no standing since it wasn't brought by either a woman or doctor harmed by mifepristone, only a group of conservative organizations or has the court given these organizations "rights" like they have corporations?
Churches should stay in there own lane or loss their tax exemption, and save souls. With the teach of kindness, compassion, understanding, tolerance, caring, forgiveness and walk in other shoes for a mile, which is not what they are teaching. Trying to get government to force people to hate, fear and be divisive!
The Supreme Court decided that abortion was an individual State's decision to make. I do not think in six months they will reverse part of their earlier call.
Hmm, wonder if he's going to update all those flights on crow's private jet? Also wonder what transportation "Ginni" used to get to D.C. on 1/6???
https://www.cnn.com/2023/04/17/politics/clarence-thomas-amend-disclosure-gop-megadonor/index.html
Pay attention Reps.🖕
So what other things did the supreme courts get wrong? Thomas can interpret the rules and regulations of the IRS?
Could they have got it wrong on women's rights, abortion, gerrymandering, gun control, voter suppression, environment, climate change, water pollution, hobby lobby, LGBTQ, discrimination and democracy? These are the people who are required to interpret the constitution and laws?
Stop the horrific killing of the most vulnerable and innocent of lives!
It is not their business. Are any of them MD's? Didn't think so
I think this abortion pill is wrong. I don't know how long it's been around but when people are taking medication so I don't know anything about the side effects could be deadly.
Abortion access is healthcare. Government needs to stay off women's bodies. Everyone has the right to choose. Mifepristone isn't only used for abortions either.
I am shocked that judges are influenced by their beliefs instead of science and medicines. This should not even have gone to the courts. We need a correction on our elections.
I think at the heart of the medication abortion is the question, "what is a fetus". So some food for thought... is a seed a vegetable on its own; is a flower a piece of fruit on its own; is a tadpole a fish on its own...
And, is something that is part of someone's body have a right to life on its own?
Some Native Americans tribes (and I would venture to say other cultures as well) actually revered the "afterbirth" with a burial. But does that mean in the 21st century we should do the same?
There are too many stories of women being harmed by this ruling.
Don't get me wrong, I don't think abortion should be used as birth control, but I just don't get the intent of religious beliefs getting into health decisions. Advancements is science, since the Native peoples of the world questioned the whole birthing process, and religions wanted to increase their numbers over each other, have long shown us the reality of all the old ideas of birthing and population increases.
I don't think it is the place of any court to decide this issue. It should be a family health decision.
And on the other hand increasing the population with unwanted children presents a further stress on society at large. This that supporters of abortion abolition don't seem to want to deal with, monetarily, morally or socially. What would the courts do about that?
Abortion is private family buisness. It is not State business or federal buisness. We have had safe effective abortion services and safe effective abortion pills and safe effective brith control in this country for years now. Leave it alone and let it work. Keep your big noses out of private family buisness. Leave your church on the corner where it stands.
The Supreme Court nor any portion of the Government, should not have control over a woman's body. They are not doctors, or scientists, and have no direct knowledge of the problems that can and do happen during a pregnancy. This whole nonsense of control over women and their bodies, by old white men, who have never had a uterus and never will, needs to be put down now.
Whatever happened to "send it back to the states"? If it's a state's decision, then the state should only be able to ban abortion and abortion medication for that state, not all others.
This ruling must be reversed, as the FDA determined mifepristone's safety 20 years ago.
If Texas doesn't want to use it, then let that be up to the women of Texas to vote on...not the rest of the country.
This is not business for the Courts. This is private family business.
Do we think the Crow-backed Thomas is going to rule in favor of women suddenly?
We can only hope that Justice Roberts shows up with a spine for once and does the humane thing.
This is health care! A women should be able to choose to take or not take!!!
The Supreme Court said it was leaving the issue of choice up to the states. Overturning the FDA's judgement on a drug's safety, on the basis of no substantive evidence, advanced by people who have no legitimate standing, would reveal again the Supreme Court's corruption and single minded effort to impose their religious beliefs about abortion and other issues on everyone else. Given the blatant lack of ethics this Supreme Court displays, nothing would surprise me. But if the Court takes such a legally unjustified stance, it has sunk to the exercise of raw power and lost any semblance of legitimacy. Why not reconstitute the Supreme Court in a truly balanced rather than political format? Why not have a Court with 4 Justices selected by the right, 4 Justices selected by the left, and 4 Justices that the other Justices must unanimously agree are fair and neutral arbiters of the law? Wouldn't that be fair? Wouldn't it be nice to have a Court that focused on justice rather than politics? Oh, and let's have them subject to the same ethics rules other Judges have to abide by for a change. The idea of no man above the law needs to apply to Supreme Court Justices too.
whether they will is another thing. i expect they won't but i won't object to them surprising me by doing it.
Government overreach to the extreme! Only participants that must be involved in medical decisions involving reproduction have got to be the woman that is pregnant and her doctor.
Politicians,forced birth advocates and anyone other than doctor/patient must absent themseves from any decision!!!
If you don't approve of abortion, don't get one! 🤔
Why would a judge be allowed to make a medical decision on the validity of abortion pills, and having done so why is he still a judge? Since he did not consult the FDA before banning the product!
Also why is Clarence Thomas not fired for violating the ethics of his office? He took a number of expensive trips that were never reported!
Shouldn't these folks be held to a higher standard? People holding offices with less influence seem to be held to a much higher standard, what am I missing?
Of course!
CAUSES ASKS: "Do you think the Supreme Court should restore nationwide access to the abortion pill?" ME: You bet I do. And congress should overturn the Comstock Act. I am so tired of misogynistic GOP right-wing political hacks thinking they're science and medical pros and putting women at serious rick of harm and death.
This medication is necessary for the health of women in this country. The corrupt Supreme Court has no credibility and it's decisions are bought and paid for by their own rt wing agenda and donors