SCOTUS to Hear Abortion Pill Case

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Facts

  • The US Supreme Court on Wednesday agreed to review an appeals court decision that restricts access to the abortion pill mifepristone.1
  • The Biden administration and Danco Laboratories, the maker of mifepristone, have appealed a ruling that prohibits distributing the drug through the mail, in addition to other restrictions that would even affect states where abortion remains legal.2
  • The decision of the 5th US Circuit Court of Appeals — temporarily suspended in April — will remain on hold until SCOTUS’ ruling, which is expected to be announced by the end of June after the case is heard in the spring.3
  • Meanwhile, the justices rejected a separate appeal from groups who had requested they consider whether the approval of mifepristone and a generic version of the drug in 2000 by the Food and Drug Administration (FDA) was legal.4
  • Last year, in the Dobbs v. Jackson Women’s Health Organization case, SCOTUS overturned its Roe v. Wade decision, which had guaranteed a federal right to an abortion.5
  • Abortion by pill is reportedly more prevalent than surgical abortions — even before the overturning of Roe v. Wade — with the FDA attesting to mifepristone’s safety.5

Sources: 1FOX News, 2Associated Press, 3Forbes, 4CBS and 5Politico.

Narratives

  • Left narrative, as provided by Axios.com. It’s the role of SCOTUS to make sure the appeals court isn’t legislating from the bench. The Dobbs decision didn’t ban abortion nationwide; it gave dominion over abortion to the states. By severely restricting this safe and effective method of obtaining an abortion, the appeals court has overstepped its bounds — effectively outlawing the procedure even where it’s legal. SCOTUS must also make sure that the FDA isn’t undermined, or the future of that vital agency could be in jeopardy.
  • Right narrative, as provided by Federalist. The FDA must be stopped from arbitrarily approving drugs that doctors have warned can have ill effects just so the Democratic administration can fulfill its promise to provide abortion on demand to those who wish to violate the rights of the unborn. Making mifepristone widely available allows a path for circumventing restrictions that have legally been adopted since the Dobbs decision.

Predictions