Supreme Court Extends Pause On Mifepristone Rulings

WASHINGTON, DC - JANUARY 20: Police officers stand in front of the U.S. Supreme Court during the 50th annual March for Life rally on January 20, 2023 in Washington, DC. This year’s march by the anti-abortion activi... WASHINGTON, DC - JANUARY 20: Police officers stand in front of the U.S. Supreme Court during the 50th annual March for Life rally on January 20, 2023 in Washington, DC. This year’s march by the anti-abortion activists was the first since the Supreme Court decided Dobbs v. Jackson Women's Health last year, which overturned 50 years of federal government protections for abortion healthcare. (Photo by Anna Moneymaker/Getty Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

The Supreme Court extended its stay on lower court rulings on mifepristone until Friday just before midnight, meaning that the drug will remain accessible and available at least until then.

The order, written by Justice Samuel Alito, came “upon further consideration of the application of counsel for the applicants, the response and the reply.”

The Court’s initial stay would have expired just before midnight Wednesday, bringing restrictions to the drug into action.

The Court is considering the Justice Department and a maker of mifepristone’s appeal of a decision from the Fifth Circuit Court of Appeals, which would reimpose restrictions on the drug that the Food and Drug Administration had lifted in recent years. They include only allowing the drug to be used for up to 49 days of a pregnancy on-label, and requiring multiple in-person trips to the doctor’s office. The ruling would also seem to nix the FDA’s approval of generic mifepristone altogether.

While the Supreme Court mulls the case, action hasn’t stopped in the lower courts. In a new, separate lawsuit, the maker of generic mifepristone sued the FDA Wednesday to not revoke its approval or take it off the market without going through the mandated processes, including the Heath and Human Services Secretary declaring that the drug is an imminent risk. The company, GenBioPro, argues that court rulings don’t trump the required steps the agency has to take to remove its approval.

Read the order here:

Latest News

Notable Replies

  1. And after Friday . . . ? Are people submitting briefs?

  2. So…the Fascist Five will deliver the bad news as they’re heading out the door for their weekend retreats.

    Clarabelle Thomas is going with Ginni on Crow’s yacht to get away from the news.

  3. So the SC hasn’t figured out what the decision should be without causing another complete shitshow? It seems like it’s been given some good arguments to continue to allow mifepristone to be distributed and no good reason to stop it.

  4. Avatar for bkmn bkmn says:

    Will the fascist six drop a bomb on medication abortion on Friday late afternoon? I would not be surprised. If they do, though, it would guarantee another massive blue wave election in 2024.

  5. Maybe they think we are Trumpers and will forget about their decision on Monday.

Continue the discussion at forums.talkingpointsmemo.com

202 more replies

Participants

Avatar for mondfledermaus Avatar for teenlaqueefa Avatar for becca656 Avatar for callmeeric Avatar for sniffit Avatar for chelsea530 Avatar for ralph_vonholst Avatar for musgrove Avatar for leftcoaster Avatar for exspectator Avatar for darrtown Avatar for pshah Avatar for rickjones Avatar for castor_troy Avatar for sydneyp22 Avatar for counterlife Avatar for bcgister Avatar for llwillis Avatar for occamscoin Avatar for yellowbeard Avatar for txlawyer Avatar for trustywoods Avatar for Hatmama Avatar for carpe_diem

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: