This evening, the U.S. Supreme Court ruled that mifepristone can remain on the market in the United States -- indefinitely.
The Court's action reversed a lower court's ruling that would have limited access to the abortion pill. Justices did not issue their ruling on the merits of the case, but rather determined that mifepristone can simply remain on the market while legal challenges to its safety and ultimate FDA approval continue in lower courts; that process is expected to take several months.
The emergency action was brought to the Court last week by the Biden Administration and Danco Laboratories, which sells the pills. The decision tonight was unsigned and offered no explanation from the justices, neither of which is typically included in emergency actions. However, according to The Wall Street Journal, Justices Clarence Thomas and Samuel Alito said in a brief dissent that "they would have left the lower court order in place."
More than 8,300 Massachusetts abortions in 2021 were the result of chemical abortion pills.
For now, widespread access to mifepristone here and across the country will continue, and will likely increase, without safeguards put in place by a lower court earlier this month.
Like you, we look forward to the Supreme Court formally reviewing the legality and safety of the drug in the coming months.