The Supreme Court on Friday ordered a pause on a lower court decision that would block the prescribing and distribution of mifepristone, granting a temporary victory for the Biden administration. This ruling ensures that the Food and Drug Administration's (FDA) authority over drug approvals remains intact for now.
Conservative Justices Clarence Thomas and Samuel Alito both expressed their dissent, stating they would have denied the request for a pause. The ruling comes after U.S. District Judge Matthew Kacsmaryk, appointed by former President Donald Trump, ruled in favor of a lawsuit arguing that the FDA did not have the authority to approve mifepristone.
Mifepristone is an abortion pill used to manage abortions and miscarriages. The Supreme Court granted the Biden administration's request for a stay while an appeal is being considered by the 5th Circuit Court of Appeals.
Abortion rights advocates voiced concerns about women resorting to more dangerous methods in case mifepristone was banned. Meanwhile, Justice Samuel Alito argued against weighing any potential conflicts arising from conflicting lower court decisions.
The Alliance Defending Freedom, which represented anti-abortion doctors challenging FDA's approval of mifepristone, said such decisions were "common practice."
For now, this decision stops restrictions on medication abortion drugs like mifepristone from taking effect while appeals are ongoing. The case will return to expedited briefing at the 5th Circuit regarding Judge Kacsmaryk’s ruling.
Justice Clarence Thomas joined Justice Alito in publicly expressing their dissent from this move but made no comment regarding whether they believed if FDA broke any laws during its approval process.