Biden, drug company ask Supreme Court to preserve mifepristone access

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The DOJ and Danco Laboratories both warned of “regulatory chaos” and harm to women if the high court doesn’t block a Texas appeals court ruling that had the effect of tightening FDA rules under which the drug mifepristone can be prescribed and dispensed.

WASHINGTON — The Biden administration and a drug manufacturer asked the Supreme Court on Friday to preserve access to an abortion drug free from restrictions imposed by lower court rulings, while a legal fight continues.

A lawyer for the anti-abortion doctors and medical organizations suing over mifepristone said the justices should reject the drugmaker’s and the administration’s pleas and allow the appeals court-ordered changes to take effect. Still, in recently loosening restrictions on mifepristone, FDA regulators cited “exceedingly low rates of serious adverse events.” More than 5.6 million women in the U.S. had used the drug as of June 2022, according to the FDA. In that period, the agency received 4,200 reports of complications in women, or less than one tenth of 1% of women who took the drug.

A ruling from the 5th U.S. Circuit Court of Appeals late Wednesday would prevent the pill, used in the most common abortion method, from being mailed or prescribed without an in-person visit to a doctor. It also would withdraw the Food and Drug Administration’s approval of mifepristone for use beyond the seventh week of pregnancy. The FDA says it’s safe through 10 weeks.

“The 5th Circuit rightly required the agency to prioritize women’s health by restoring critical safeguards, and we’ll urge the Supreme Court to keep that accountability in place,” said Hawley said, a senior counsel with Alliance Defending Freedom, a conservative legal group that also argued to overturn Roe v. Wade.

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I’m fairly sure mifepristone isn’t meant to harm women (not that it can’t), it’s meant to kill babies.

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