Supreme Court Hits The Brakes On Major Decision

Photo by Ian Hutchinson on Unsplash

The Supreme Court has briefly paused the federal court ruling that restricted access to mifepristone, one of two common abortion pills. In a short order from Justice Samuel Alito on the court’s emergency “shadow docket,” it was stated that the status quo would remain until the full court had a chance to consider the full case.

Late on Wednesday night, the 5th U.S. Circuit Court of Appeals late rolled back part of the legislation bringing the limits to the abortion pill back to what they were in 2016. The Justice Department and the manufacturer of the drug have both requested from the Court for the case to be further examined so that they would once have full access to the pill. It is also likely that the court is going to schedule a quick briefing or oral argument so that they can hear the case before the court’s term ends in the summer.

The three-person appeal court in a 2-1 vote on Wednesday determined that mifepristone could remain on the market as the appeal for Judge Matthew Kacsmaryk of the Northern District of Texas decision continues to move forward.

On May 17th, the appellate court is scheduled to hear oral arguments on the appeal.

Kacsmaryk suspended the Food and Drug Administration’s (FDA) approval of mifepristone last week, claiming that the approval for the drug had been rushed, and as such, its safety can’t be ensured. The drug has been on the market for over two decades.