Rush to judgment...FDA v. American College of OBGYNs

The Supreme Court, 6-3, continuing its pattern of early intervention in matters before the District and Courts of Appeals, has stayed an order of the District Court which had enjoined the FDA's requirement that a woman may be dispensed mifepristone, an abortifacient drug, must appear in person at a hospital or doctor's office.  John Roberts opined "my view is that courts owe significant deference to the politically accountable entities with the “background, 2 FDA v. AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS ROBERTS, C. J., concurring competence, and expertise to assess public health.” South Bay United Pentecostal Church v. Newsom, 590 U. S. ___, ___ (2020) (ROBERTS, C. J., concurring in denial of application for injunctive relief) (slip op., at 2). In light of those considerations, I do not see a sufficient basis here for the District Court to compel the FDA to alter the regimen for medical abortion."

 

Sonia Sotomayor, joined by Elena Kagan dissented.  The Bronx native explained

The majority of American women seeking abortion care during the first 10 weeks of pregnancy rely on medication abortion. Medication abortion involves taking two prescription drugs, mifepristone and misoprostol, which together induce the equivalent of an early miscarriage. The Food and Drug Administration (FDA) allows patients to receive all physician consultations for a medication abortion virtually and to take both prescriptions at home without medical supervision. To obtain mifepristone, however, the FDA requires patients to go to a hospital, clinic, or medical office to pick up the drug in person and sign a disclosure form.1 Of the over 20,000 FDA-approved drugs, mifepristone is the only one that the FDA requires to be picked up in person for patients to take at home.