The U.S. Supreme Court has reinstated, at least temporarily, the FDA’s sale and use of mifepristone.
The court on Friday afternoon temporarily stayed (stopped) a U.S. district court order that blocked the U.S. Food and Drug Administration’s (FDA’s) approval of the abortion pill.
U.S. Supreme Court Justice Samuel Alito — who last year authored the opinion overturning Roe v. Wade — issued the brief order on Friday.
He wrote:
“UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the April 7, 2023 order of the United States District Court for the Northern District of Texas … is hereby administratively stayed until 11:59 p.m. (EDT) on Wednesday, April 19, 2023. It is further ordered that any response to the application be filed on or before Tuesday, April 18, 2023, by 12 p.m. (EDT).”
The order from Justice Alito allows the FDA to continue to permit the sale of mifepristone, the first of two drugs used in a chemical abortion, and also removes the several restrictions that the U.S. Court of Appeals for the Fifth Circuit had placed on its use earlier in the week. The order applies until Wednesday, April 19 at 11:59 PM ET.
The Fifth Circuit had stayed the portion of U.S. District Judge Matthew Kacsmaryk’s order blocking the FDA’s approval of the abortion pill, but had imposed several significant restrictions on its use, including blocking women from ordering the pill through the mail.
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