Key takeaways:
- The Biden administration has asked the Supreme Court to intervene in an emergency dispute over a Texas judge’s ruling on a medication abortion drug.
- The Justice Department has requested the court to block part of the decision that prevents pregnant women from obtaining the key abortion drug mifepristone by mail.
- If the court decides to intervene, it could put the lower court ruling on hold and allow women to continue to access the drug by mail.
The Biden administration has asked the Supreme Court to intervene in an emergency dispute over a Texas judge’s ruling on a medication abortion drug. The Justice Department, represented by Solicitor General Elizabeth Prelogar, filed a motion on Friday requesting the court to step in and block part of the decision that prevents pregnant women from obtaining the key abortion drug mifepristone by mail.
Prelogar argued that the lower court ruling “countermands FDA’s scientific judgment and unleashes regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone.” The FDA had previously approved the drug for use in medication abortions, allowing it to be prescribed and dispensed by mail.
The ruling, issued by U.S. District Judge Matthew Kacsmaryk, was a sweeping victory for abortion opponents. It requires women to obtain the drug in person from a doctor or clinic, rather than by mail. This would make it more difficult for women to access the drug, particularly in rural areas where there are few abortion clinics.
The Supreme Court has yet to respond to the motion. If the court decides to intervene, it could put the lower court ruling on hold and allow women to continue to access the drug by mail. If the court does not intervene, the ruling will remain in effect and women in Texas will be unable to obtain the drug by mail.
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