U.S. Supreme Court Keeps Abortion Pill Widely Available While Appeal Continues

MONDAY, April 24, 2023 (HealthDay News) -- The U.S. Supreme Court ruled on Friday that the abortion pill mifepristone can remain widely available while litigation over its fate winds its way through the court system.

In the meantime, the order effectively halts a ruling from a federal judge in Texas that said the U.S. Food and Drug Administration's approval of the pill more than two decades ago was invalid.

Following the Supreme Court ruling, President Joe Biden issued a statement saying, "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."

Friday's order is the second time in a year that the Supreme Court has considered slashing access to abortion in the United States. In overturning Roe v. Wade last June, a conservative majority said it was leaving the issue of abortion to elected officials.

It was only last Wednesday when a federal appeals court partially overruled Judge Matthew Kacsmaryk's April 7 ruling made in Texas, which said the U.S. Food and Drug Administration's approval of mifepristone back in 2000 was invalid and the drug should not be used. While the three-judge appeals court panel said mifepristone could remain available for now, it blocked mailing the pill to patients, as well as other measures the federal government has taken recently to boost access to the medication.

Even if the decision to rescind mifepristone's FDA approval is ultimately upheld, experts believe most American women could still access medical abortion, since misoprostol would remain legal.

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