Justice Department urges Supreme Court to uphold abortion drug access

The Biden administration and mifepristone maker Danco Laboratories on Tuesday filed briefs defending Food and Drug Administration guidelines for prescribing the drug. In December, the Supreme Court agreed to hear the government’s appeal to a lower court ruling that aimed to tighten restrictions on mifepristone. In that ruling, the court found that the FDA did not consider safety concerns when, in 2016, it allowed the drug to be used through 10 weeks of pregnancy or when it approved its distribution by mail in 2021.

When is a decision expected in this case? The Supreme Court has not scheduled oral arguments, but the justices are expected to rule on the issue by the end of June. A group of doctors and medical professionals represented by Alliance Defending Freedom in 2022 brought the challenge to the FDA’s approval of the drug. The high court in April ruled that mifepristone could remain available through the appeals process.

Dig deeper: Read Leah Savas’ report in Vitals on how the Supreme Court case could strengthen states’ rights.