Supreme Court agrees to hear showdown over abortion pill access

Biotech
Thursday, December 14th, 2023 3:11 pm EDT

Key Points

Supreme Court’s High-Stakes Legal Battle:

    • The Supreme Court has accepted appeals related to the accessibility of mifepristone, a drug commonly used for medication abortions.
    • The court will weigh the appeals from the Biden administration and Danco, the manufacturer of the brand version of the drug, Mifeprex.

Focus on FDA Decisions and Legal Issues:

    • The case centers on FDA decisions from 2016 onward that aimed to make mifepristone more accessible, including allowing mail-order distribution.
    • The legal dispute does not directly address the right to abortion but focuses on the FDA’s drug approval process and changes made post-2016.

Potential Impact on Medication Abortion Access:

    • The Supreme Court’s ruling may have significant implications for the accessibility of medication abortions, particularly by mail.
    • The case has gained importance amid the broader debate over abortion rights and the Supreme Court’s recent overturning of Roe v. Wade.

The Supreme Court has decided to take on a significant legal battle that may determine the accessibility of the drug most commonly used for medication abortions, particularly through mail-order services. The case involves appeals from the Biden administration and drug-maker Danco, the manufacturer of the brand version of the medication known as Mifeprex. The medication in question is mifepristone, commonly used in combination with misoprostol for medication abortions.

The justices are set to hear oral arguments early next year, with a ruling expected by June. The case focuses on several Food and Drug Administration (FDA) decisions that facilitated easier access to and use of the mifepristone pill. The FDA’s actions from 2016 onward, including allowing mail-order distribution, extending the window for medication abortion, reducing in-person visits, and altering dosing regimens, are under scrutiny.

Despite the conservative majority in the Supreme Court, which has shown previous hostility toward abortion rights, the case doesn’t directly address the right to abortion but centers around the FDA’s drug approval process. The Court had previously blocked a judge’s ruling in April that would have invalidated the FDA’s approval of the drug entirely. The FDA’s original approval in 2000 is not in question in this case.

The outcome of the case could have implications for the accessibility and availability of medication abortions, especially by mail. This legal battle underscores the broader debate over abortion rights and the tension between state and federal regulation. The FDA-approved regimen for medication abortion involves the drugs mifepristone and misoprostol, and a majority of abortions in the U.S. use this method, according to the Guttmacher Institute.

The case has gained prominence in the context of the Supreme Court’s recent overturning of the landmark abortion rights ruling Roe v. Wade. As conservative states enact stricter abortion restrictions, access to medication abortion, particularly through mail services, has become crucial. The Supreme Court’s decision in this case may shape the future landscape of medication abortion access and contribute to the ongoing debate over reproductive rights in the United States.

For the full original article on CNBC, please click here: https://www.cnbc.com/2023/12/13/supreme-court-agrees-to-hear-showdown-over-abortion-pill-access.html