A Supreme Court showdown over abortion pills is one step closer to happening

The FDA has improperly expanded access to the abortion pill mifepristone for the past seven years, a federal appeals court ruled yesterday, setting up a Supreme Court review of the issue.

💊 Background: Mifepristone, alongside the drug misoprostol, is typically taken during the first 10 weeks of pregnancy in order to induce an abortion. The two-drug combination accounted for over half of all US abortions last year (54%).

⚖️ What does the ruling entail?... In a 3-0 decision, the conservative-leaning Fifth District Court ordered a ban on all telemedicine prescriptions for mifepristone, as well as any shipments of the drug by mail. The judges say the FDA failed to properly consider the potential dangers associated with easier access to mifepristone before approving such measures in 2016.

• The ruling won’t have any effect until the Supreme Court weighs in, however. The Court this past April issued an emergency order allowing current levels of access to mifepristone to remain in place while the legal battle plays out.

👀 Looking ahead… The Biden administration will appeal yesterday’s decision to the Supreme Court, which is widely expected to take the case up for review in its next term from October to June.