The Supreme Court has finally released its abortion pill ruling, and it caught a lot of people by surprise.
Mifepristone was approved 20 years ago by the FDA using emergency approval protocols.
That authority is at the heart of the challenge.
The claim being that the FDA put a pill that was unsafe on the market using protocols that were not relevant due to the fact that access to abortion does not fall into the “crisis” category for which these authorizations intended.
Stay the Order
The Biden administration was fighting to have the order given against access for Mifepristone to be stayed.
The only two justices that spoke out against the ruling were Alito and Thomas, so even though the final vote was not revealed, the assumption here is that everyone else voted in favor of the stay.
This means that Mifepristone will be available nationwide while this case plays out in the courts.
In essence, it means the pill will be on the market for at least the remainder of this year.
After the ruling was handed down, Alito pushed back stating that Danco Labs and the Biden administration “are not entitled to a stay because they have not shown that they are likely to suffer irreparable harm in the interim.”
He continued that “the Government has not dispelled legitimate doubts that it would even obey an unfavorable order in these cases, much less that it would choose to take enforcement actions to which it has strong objections.”
That last line is very concerning, as Alito seems to be hinting, at least to me, that this ruling may have been tainted by how the court thought the Biden administration would react to allowing the lower court ruling to stay in place.
Source: New York Post