In a pivotal move, the US Supreme Court announced on Wednesday that it would examine the restrictions imposed by a lower court on a commonly used abortion pill, intensifying an ongoing legal battle.
The lower court’s ruling had been on hold, awaiting the decision of the country’s highest judicial body, consisting of six conservative and three progressive justices, on whether to take up the case.
The Supreme Court is set to hold an oral hearing on the matter next year, with a verdict expected by late June.
The legal saga began when a Texas federal judge, appointed by former Republican President Donald Trump and known for his Christian beliefs, revoked the authorization to market the mifepristone pill. Disregarding scientific opinion, the judge argued that it could endanger women’s lives.
Upon appeal, a federal court in New Orleans allowed the pill to remain authorized but imposed restrictions on access. It limited its use to the first seven weeks of pregnancy instead of ten and prohibited mail distribution. The court also mandated that the abortion pill must be prescribed by a doctor.
The case was then escalated to the Supreme Court, which preemptively froze the lower court’s rulings. Consequently, the drug continues to be marketed for now.
The Supreme Court will now rule on the substance of the case, at the request of the Biden administration and the pill’s manufacturer, Danco.
Anti-abortion groups seek a complete ban, arguing that the pill is unsafe, while the government believes that the Food and Drug Administration (FDA), which approved the drug over 20 years ago, should decide on its usage.
The Biden administration promptly responded, with President Biden and Vice President Kamala Harris expressing a firm commitment to defending women’s access to reproductive health.
This case marks the most significant abortion-related dispute to reach the Supreme Court since it overturned the constitutional right to abortion in June of the previous year. The 2022 ruling allowed each state to legislate independently on abortion rights.
Since then, the US has witnessed a deep divide, with around twenty states severely restricting or outright banning access to abortion, primarily in the South and Midwest, while others have strengthened abortion rights.
President Biden criticized the need for individuals to flee their states to “receive the care they need,” calling it “outrageous” on Tuesday. In 2020, over half of the abortions in the US were medication-induced, according to the Guttmacher Institute. Abortion experts emphasize the safety and effectiveness of abortions with mifepristone and misoprostol within the authorized timeframe.