U.S. Supreme Court Allows Abortion Pill to Stay on Market


The U.S. Supreme Court blocked in full a decision by Texas district Judge Matthew Kacsmaryk that had previously invalidated the FDA’s approval of the abortion drug mifepristone. This decision means women can still obtain mifepristone by mail, take it at home and use it up to 10 weeks into a pregnancy, as litigation continues in the lower court. The generic version of the drug, made by GenBioPro, will also continue to be available. The Court’s decision is accompanied by dissenting opinions from Justices Alito and Thomas. 

“At present, the applicants are not entitled to a stay because they have not shown that they are likely to suffer irreparable harm in the interim," Alito wrote. “Contrary to the impression that may be held by many, that disposition would not express any view on the merits of the question whether the FDA acted lawfully in any of its actions regarding mifepristone.” 

The case will now go back to the 5th Circuit for oral arguments before a three-judge panel on May 17. Nothing will change mifepristone’s availability in the interim.

April 28, 2023 - 11:15am

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