Biden Administration Urges Supreme Court to Protect Abortion Pill Access Amid FDA Authority Concerns
The Biden administration has urged the U.S. Supreme Court to reverse a 2023 judicial decision that restricts access to the abortion pill, arguing that it threatens to disrupt the authority of the Food and Drug Administration (FDA) and harm the American healthcare system.
The administration's appeal comes in response to an August decision by the 5th U.S. Circuit Court of Appeals that prohibited telemedicine prescriptions and mail shipments of the pill, known as mifepristone.
In a written brief filed with the Supreme Court, the Justice Department outlined its main arguments, emphasizing the potential harm to the government, healthcare system, patients, and the public. The 5th Circuit's decision marked the first time a court had questioned the FDA's expertise on safety to restrict access to an approved drug, according to the Justice Department.
Mifepristone, when taken with another drug called misoprostol, is used for medication abortion, constituting more than half of all U.S. abortions. The legal challenge to the pill was initiated in Texas by anti-abortion groups and doctors. The 5th Circuit's decision is currently on hold, awaiting the outcome of the Supreme Court appeal.
The Biden administration contends that the 5th Circuit's ruling could have profound consequences for the regulatory regime surrounding mifepristone, potentially undermining the FDA's authority and disrupting the pharmaceutical industry. The FDA, which granted regulatory approval to mifepristone in 2000, has deemed the drug safe and effective based on its decades-long use by millions of American women.
The Supreme Court, with its 6-3 conservative majority, already ended its recognition of a constitutional right to abortion in 2022, overturning the 1973 Roe v. Wade precedent. The mifepristone case could further impact the authority of the FDA, raising concerns about second-guessing the agency's scientific judgments.
Danco Laboratories, the manufacturer of mifepristone, also filed a written brief appealing the 5th Circuit's decision. The company expressed concerns about the ruling destabilizing the pharmaceutical industry and emphasized the importance of the FDA's ability to make predictive judgments without court interference.
The legal battle over mifepristone could have broader implications for abortion rights in the United States. The Supreme Court's ruling, expected by the end of June, will coincide with a presidential race in which abortion rights have become a galvanizing issue for Democrats.
President Biden and Vice President Kamala Harris have criticized Republican-led efforts to restrict abortion rights, aiming to energize their base and attract independent voters.
In recent years, several U.S. states have implemented strict abortion bans, adding to the ongoing debate over reproductive rights.
The outcome of the Supreme Court's decision on mifepristone will likely contribute to shaping the landscape of abortion access and healthcare policies in the country.
