The Biden administration had asked the justices to intervene after a three-judge panel of the United States Court of Appeals for the Fifth Circuit favored curbing distribution of the drug, mifepristone, appearing skeptical of the Food and Drug Administration’s regulation of the pill in recent years. In its ruling, the panel said that the pill would remain legal, but with significant restrictions on patients’ access, including prohibiting the medication from being sent by mail or prescribed by telemedicine.
The move sets up a high-stakes fight over the drug that could sharply curtail access to the medication, even in states where abortion remains legal. It could also have implications for the regulatory authority of the Food and Drug Administration, which approved the pill more than two decades ago.
The Supreme Court is now in the unusual position of ruling on abortion access even after its conservative majority declared that it would leave that question to elected officials. Until the court issues a decision, the F.D.A.’s approval of the drug remains in place, delaying the potential for abrupt limits on a medication that is used in more than half of all pregnancy terminations in the United States.
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