Home Liberal Supreme Court Will Hear Biggest Abortion Case Since Dobbs (TPM)

Supreme Court Will Hear Biggest Abortion Case Since Dobbs (TPM)

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Supreme Court Will Hear Biggest Abortion Case Since Dobbs – By Kate Riga (TPM) / Dec 13, 2023

The Supreme Court announced Wednesday that it will hear arguments on the accessibility of the abortion drug mifepristone in the biggest abortion case since Dobbs.

The case stems from a widely panned decision handed down by notorious Donald Trump appointee U.S. District Judge Matthew Kacsmaryk, who last April suspended the Food and Drug Administration’s 20-plus-year-old initial approval of the drug.

Back in August, a Fifth Circuit Court of Appeals panel reluctantly ruled that the initial approval was too old to challenge, but gave the greenlight to reimpose restrictions — including a shorter on-label gestational window, requiring multiple in-person visits to providers, barring the pills from being mailed — that the agency had lifted since 2016, finding them to be unnecessarily onerous.

The Biden administration and a drug manufacturer asked the Supreme Court to review the 5th Circuit ruling. In the meantime, the high court had stayed the lower court orders, keeping mifepristone available as usual until the case is resolved (Justices Samuel Alito and Clarence Thomas dissented from granting the stay).

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