Formal group photograph of the Supreme Court as it was been comprised on June 30, 2022 after Justice Ketanji Brown Jackson joined the Court. The Justices are posed in front of red velvet drapes and arranged by seniority, with five seated and four standing. Seated from left are Justices Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito and Elena Kagan. The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.) Credit: Fred Schilling, Collection of the Supreme Court of the United States

Supreme Court to Consider Abortion Pill Case

The U.S. Supreme Court on Wednesday agreed to consider a case challenging access to the most commonly used method of abortion in the United States, a medication called mifepristone.

The justices will weigh in on restrictions imposed by the conservative U.S. Court of Appeals for the Fifth Circuit, which would prohibit patients from receiving the medication by mail, even for those residing in states where abortion remains legal.

They will also consider the lower court’s ruling that mifepristone may only be used to terminate pregnancies up to seven weeks, which underscores the unprecedented nature of this case, the first of its kind to challenge the FDA’s expert judgment on drug products.

It was more than 20 years ago that the agency first concluded mifepristone was safe and effective, determinations that were since reinforced over the years as the drug came into wider usage.

Also on Wednesday the Supreme Court separately and unanimously rejected an appeal from abortion opponents who sought for the justices to revoke the FDA’s approval of mifepristone.

“The Supreme Court has agreed to review the Fifth Circuit’s decision on mifepristone, which threatens to undermine the FDA’s scientific, independent judgment and would reimpose outdated restrictions on access to safe and effective medication abortion,” White House Press Secretary Karine Jean-Pierre said in a statement.

“This administration will continue to stand by FDA’s independent approval and regulation of mifepristone as safe and effective,” she said. “As the Department of Justice continues defending the FDA’s actions before the Supreme Court, President Biden and Vice President Harris remain firmly committed to defending women’s ability to access reproductive care.”

Jean-Pierre added, “We continue to urge Congress to pass a law restoring the protections of Roe v. Wade—the only way to ensure the right to choose for women in every state.”

The press secretary’s statement began by noting how, “Across the country, we’ve seen unprecedented attacks on women’s freedom to make their own health decisions” as “States have imposed extreme and dangerous abortion bans that put the health of women in jeopardy and that threaten to criminalize doctors for providing the health care that their patients need and that they are trained to provide.”

“No woman should be unable to access the health care that she needs. This should not happen in America,” she said, “period.”

Democratic National Committee National Press Secretary Sarafina Chitika released the following statement to the Washington Blade on Wednesday:

“Donald Trump rightfully takes credit for ‘killing’ Roe v. Wade — and now his party of extremists have been working to ban abortion in every state in America. If Trump’s Supreme Court majority decides to strip away access to mifepristone next year, it will be MAGA Republicans’ latest attack on freedom in their war on a woman’s right to make her own health care decisions.

“As anti-abortion extremists put obstacle after obstacle between women and the care they need, President Biden and Vice President Harris are fighting to protect the right to choose. In every election since the overturning of Roe, voters have sent a resounding message: they want more freedom, not less – and come 2024, Republicans will once again face the repercussions of their unrelenting crusade to strip away our rights.”

Story courtesy of the Washington Blade via the National LGBTQ Media Association. The National LGBTQ Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: