US Supreme Court preserves access to abortion pill for now
The US Supreme Court has decided to preserve access to a widely used abortion pill, ruling that it will remain available while a legal case continues.
Justices made their decision after debating whether allowing restrictions - implemented by a lower court judge in Texas - to take effect would severely disrupt the availability of the drug, mifepristone.
Mifepristone is the most common method of abortion in the US and has repeatedly been found to be safe and effective. More than five million women in the US have used the drug since the Food and Drug Administration (FDA) approved it in 2000.
The case is the first abortion controversy to reach the nation's highest court since its conservative majority overturned Roe vs Wade 10 months ago.
It could have vast implications for abortion access in the US that may even be felt in states where abortion remains legal, some of which have already begun stockpiling mifepristone over worries that the drug will become unavailable.
In a split decision, the Supreme Court justices on Friday granted emergency requests from the Biden administration and mifepristone drug makers, Danco Laboratories, who are appealing the lower court ruling.
The challenge was brought forward by anti-abortion activists and if successful, would roll back Food and Drug Administration approval of mifepristone.
Initially, the Supreme Court said it would announce its decision by Wednesday, but a one-sentence order signed by Justice Samuel Alito - the author of the decision to overturn Roe v. Wade - allowed justices a further two days to deliberate.
Two of the nine justices - Mr Alito and Clarence Thomas - voted to allow restrictions to take effect. Mr Alito issued a four-page dissent.
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No other justices commented on the court’s one-paragraph order and the court did not release a full vote breakdown.
President Joe Biden praised the high court for keeping mifepristone available while the court fight continues, as he said the "stakes could not be higher for women across America".
“I will continue to fight politically-driven attacks on women’s health. But let’s be clear — the American people must continue to use their vote as their voice, and elect a Congress who will pass a law restoring the protections of Roe v. Wade,” Mr Biden said in a statement.
What will happen next?
The court's action on Friday almost certainly will leave access to mifepristone unchanged at least into next year as appeals play out - including one potential appeal to the high court.
The next stop for the case is at the New Orleans-based US Court of Appeals for the 5th Circuit, which has set arguments in the case for May 17.
Currently, women seeking to end their pregnancies in the first 10 weeks - without more invasive surgical abortion - can take mifepristone, along with misoprostol.
The restrictions brought forward by the lower court included preventing the pill from being sent by mail, essentially requiring in-person visits to obtain it. However, these restrictions have been overturned for now.
Over the years, the FDA has eased the terms of mifepristone's use, allowing it to be sent through the mail in states that permit access.
Activists had asserted that the FDA's original approval of mifepristone 23 years ago and subsequent changes were flawed.
They won a ruling on April 7 by US District Judge Matthew Kacsmaryk - an appointee of former US president Donald Trump - revoking FDA approval of mifepristone.
Mr Kacsmaryk gave incumbent President Biden's administration and New York-based Danco Laboratories - mifepristone's maker - a week to appeal and seek to keep his ruling on hold.