Dispute Over Medication Used in Common Abortion Method
WASHINGTON — The Supreme Court has agreed to hear a case involving a medication used in the most common method of abortion in the United States. This marks the first abortion case since the court overturned Roe v. Wade last year.
Appeals from Biden Administration and Drug Maker
The justices will hear appeals from the Biden administration and the maker of the drug mifepristone. They are asking the court to reverse an appellate ruling that would restrict access to the drug through the mail and impose other limitations, even in states where abortion is legal. The proposed restrictions include shortening the time during which mifepristone can be used in pregnancy from 10 weeks to seven weeks.
Separate Appeal from Abortion Opponents Rejected
The Supreme Court rejected a separate appeal from abortion opponents who challenged the initial approval of mifepristone by the Food and Drug Administration (FDA) in 2000.
Case to be Argued in the Spring
The case is scheduled to be argued in the spring, with a decision likely to be reached by late June. This timing places the decision in the midst of the 2024 presidential and congressional campaigns.
Mifepristone and Medication Abortions
Mifepristone, manufactured by New York-based Danco Laboratories, is one of two drugs used in medication abortions, which account for over half of all abortions in the United States. Since its approval in 2000, more than 5 million people have used the drug.
Impact of Previous Supreme Court Ruling
In June 2022, the Supreme Court overturned the constitutional right to an abortion. This ruling has led to bans on abortion at all stages of pregnancy in 14 states, with some exceptions. In two other states, abortion is banned once cardiac activity can be detected, which typically occurs around six weeks.
Background of the Current Case
Abortion opponents filed their challenge to mifepristone in November following the Supreme Court’s ruling. Initially, they won a ruling revoking the drug’s approval entirely. However, the appeals court upheld the FDA’s initial approval of mifepristone. The court did suggest reversing changes made by regulators in 2016 and 2021 that eased certain conditions for administering the drug.
Current Restrictions and Potential Consequences
The restrictions proposed would not only reduce the time frame for using mifepristone but also halt its distribution through mail. Additionally, patients seeking medication abortions would need to make three in-person visits with a doctor. Women may also be required to take a higher dosage of the drug compared to what the FDA deems necessary.
Implications for Health Care Providers
Health care providers have expressed concerns that if mifepristone becomes harder to obtain or is no longer available, they would need to rely solely on misoprostol. However, misoprostol is somewhat less effective in ending pregnancies.
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