The attack on abortion rights has reached a critical point, with the Supreme Court agreeing to hear arguments on mifepristone, one of the two pills used in medication abortions. This case could have a significant impact on patient access to this essential medication.
The legal challenge to mifepristone comes from the Alliance Defending Freedom, an organization labeled as a “designated hate group” by the Southern Poverty Law Center, on behalf of four anti-abortion organizations in Texas. Their original aim was to invalidate the FDA’s approval of mifepristone dating back to 2000.
The Texas district judge ruled in favor of the anti-abortion groups in April, which sought to remove mifepristone’s FDA approval, but the Supreme Court put that decision on hold during the appeals process. In August, an appeals court ruled against the anti-abortion groups’ call to overturn the drug’s original approval and upheld the FDA’s 2019 decision to approve a generic form of mifepristone.
The appeals court did leave some doors open for the anti-abortion groups, ruling that a few FDA decisions in 2016 and afterward which increased access to mifepristone should be put on hold. They stated that these actions were taken “without sufficient consideration of the effects those changes would have on patients.”
The Supreme Court will rule on FDA actions that made mifepristone more accessible, including its availability by mail, extension of the usage window, decrease in in-person doctor’s visits required, and decrease in the dose of mifepristone. The decision is expected by next June.
- Mifepristone’s availability by mail, approved in 2021
- Extension of the window in which mifepristone could be used to end a pregnancy (from seven weeks to 10 weeks)
- Decrease in the number of in-person doctor’s visits required before patients could receive mifepristone (from three visits to one)
- Decrease in the dose of mifepristone
If the Supreme Court upholds the original ruling in favor of the anti-abortion groups, mifepristone will become substantially harder to access. The Biden administration and drugmaker Danco, which produces the brand version of mifepristone, will defend the FDA’s decision to the Supreme Court.
Mifepristone is one of two pills used for a medication abortion. It blocks progesterone to stop the pregnancy from continuing, while the second pill, misoprostol, causes cramping and bleeding to empty the uterus. Medication abortions account for more than half of all US abortions.
Access to mifepristone remains the same for now, and any changes will be announced after a decision by the Supreme Court, which is expected by late June 2024.
Before you go, read about these celebs who’ve spoken about their abortion experiences:
Chrissy Teigen Says She Saw Baby Jack During a Ketamine Therapy Session & ‘Cried & Cried & Cried’
