Supreme Court to Decide Fate of Access to Abortion Pill Mifepristone Wednesday

The Supreme Court is expected to make a decision Wednesday on a request by the federal government to immediately block a lower court ruling that would have restricted access to the abortion pill mifepristone. The anti-abortion doctors who first brought the case seeking to get mifepristone yanked from the markets filed a reply brief Tuesday, starting the clock on the Supreme Court’s response.

The Food and Drug Administration and Danco Laboratories, which makes the brand version of mifepristone, Mifeprex, are both seeking to put on hold a ruling last week by the 5th U.S. Circuit Court of Appeals that would suspend several regulatory decisions since 2016 that made it easier to obtain the drug.

The case originated in Judge Matthew Kacsmaryk’s court in Amarillo, Texas. After he ruled to stay the Food and Drug Administration’s 20-year-old approval of mifepristone, the Department of Justice appealed to the Fifth Circuit Court of Appeals. The Supreme Court, which has a 6-3 conservative majority, temporarily blocked the appeals court ruling on Friday while the justices consider what next steps to take.

To win, the Biden administration would need the votes of at least five of the nine Supreme Court justices. The court is expected to make a decision soon, as the reply brief filed Tuesday has started the clock on the Supreme Court’s response. The outcome of this decision could have a major impact on access to mifepristone, and the ability of women to make decisions about their own reproductive health.