Supreme Court agrees to consider challenge against common abortion drug in 2024

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Appeals Court Keeps Abortion Pill Mifepristone Available, But With Restrictions
Packages of Mifepristone tablets are displayed at a family planning clinic on April 13, 2023, in Rockville, Maryland. A Massachusetts appeals court temporarily blocked a Texas-based federal judge’s ruling that suspended the FDA’s approval of the abortion drug Mifepristone, which is part of a two-drug regimen to induce an abortion in the first trimester of pregnancy in combination with the drug Misoprostol. (Anna Moneymaker/Getty Images)

Supreme Court agrees to consider challenge against common abortion drug in 2024

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The Supreme Court agreed to take up a case on Wednesday focused on a common abortion pill manufacturer after a lower court put in place restrictions on how the drug should be used and distributed.

The case surrounds mifepristone maker Danco Laboratories, and it follows months of litigation that stemmed from a federal district judge’s decision in Texas in April to suspend the Food and Drug Administration‘s approval of the pill.

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A panel on the 5th Circuit rolled back part of the Texas judge’s ruling by keeping the original FDA approval in place as well as the agency’s authorization of the pill’s generic form.

Mifepristone is expected to remain on the market while the high court considers the case.

Last year, the 6-3 Republican-appointed majority made the historic decision to overturn the precedent set under Roe v. Wade, allowing states to impose stricter rules on access to abortion in the case known as Dobbs v. Jackson Women’s Health Organization.

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A decision over the drug’s approval ahead of the 2024 presidential election will likely add a new dynamic for voters considering who to choose as president, as President Joe Biden has championed access to abortion and chastised the Supreme Court’s conservative supermajority that was installed by former President Donald Trump, his likely 2024 challenger.

This is a developing story and will be updated.

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