The Justice Department has asked the Supreme Court to enforce a nationwide mail ban on mail prescriptions of abortion medication mifepristone. This ruling would apply even in pro-choice states like New York, and it is up to Justice Samuel Alito to decide by 1 a.m. Saturday whether or not to impose severe restrictions on the widely-used pill.
This legal battle over mifepristone comes less than a year after conservative justices reversed Roe v. Wade, allowing more than a dozen Republican-run states to effectively ban abortion outright. The FDA argues that the appeals panel does not go far enough in protecting Americans' access to safe and effective reproductive care while awaiting final court rulings.
Both the White House and Danco Laboratories, which manufactures Mifeprex brand pills used for medical abortions, have urged the U.S Supreme Court to block lower court rulings barring access to this drug due its potential "regulatory chaos." They argue that such decisions may result in inaccurate labeling for mifepristone and cause irreparable harm for Danco Laboratories.
Despite considerable restrictions imposed by the Fifth Circuit Court of Appeals late Wednesday night, Washington State Attorney General Bob Ferguson stated that an injunction by U.K District Judge Thomas G Rice remains fully enforced as of Thursday evening; this protects access within 17 other states including Arizona, Colorado, Connecticut Delaware Michigan Vermont Maine Maryland Minnesota Pennsylvania Washington state.
In response to ongoing litigation against FDA regulation surrounding mifepristone use across America – where approximately half UK pregnancies are terminated via this method - US Solicitor General Elizabeth Prelogar called these cases "troubling at every level," noting judges repealing conditions based solely upon disagreement with agency judgement about safety standards represents unprecedented action taken within American courts thus far.
Meanwhile, as temporary pauses continue blocking lower court orders demanding federal regulators suspend approval regarding abortion drugs like mifepristone, Michigan Governor Gretchen Whitmer reassures residents of their right to access reproductive services without obstruction — a promise recently upheld through repealment legislation.
Although Justice Alito's temporary freeze does not indicate how he or the full Supreme Court may ultimately rule on this matter, it provides more time for justices to consider emergency appeals from both the Biden administration and Danco Laboratories in defending continued availability nationwide.