Supreme Court to hear arguments over most used abortion drug in the US
Newsy
For the second time in two years, the Supreme Court will consider a case that will have a significant impact on abortion access.
Abortion is back the U.S. Supreme Court Tuesday, this time as the court weighs what to do about an order from a federal judge temporarily banning the sale of a drug that’s been in used in the U.S. for more than 20 years.
The decision has put a question mark over the status over mifepristone, which in combination with a second drug, misoprostol, is the most common treatment option in the over 60% of U.S. abortions that are done through medication rather than surgery, according to the pro-abortion rights Guttmacher Institute.
It’s the most significant abortion-related case before the court since its conservative majority rolled back abortion rights protection in 2022 by overturning Roe v. Wade in its ruling on Dobbs v. Jackson Women’s Health Organization. But the issues in the case go beyond abortion, touching on the scope of a federal judge’s authority, said Eva Temkin, who heads the Paul Hastings law firms practice related to the Food and Drug Administration.
If upheld, it also could represent a significant expansion of the power of federal judges over decisions by the Food and Drug Administration and other regulatory agencies that judges are generally required to defer to over a wide variety of scientific questions about health and safety.
It also almost might not resolve the case.
