The United States Supreme Court suspended a national injunction on Tuesday that prevented the Trump administration from imposing a rule to regulate a pill commonly used in medical abortions, so the rule can now be applied.
Since 2000, the Food and Drug Administration has said that Mifeprex, a drug used during the first ten weeks of pregnancy, should be administered to a patient by a healthcare professional in a clinic, hospital or doctor’s office. The patient must sign a form acknowledging that she has been counseled about the possible risks of the medication. The patient can take the pill at any time after receiving it and does not need to swallow it in the presence of the healthcare professional.
A group of doctors, led by the American College of Obstetricians and Gynecologists, filed a lawsuit seeking to relax restrictions during the Covid-19 pandemic. Medical offices and clinics have closed or restricted hours, they said, and requiring pregnant women to make personal visits exposes them to an increased risk of infection.
Maryland District Court Judge Theodore Chuang agreed, ruling in July that keeping the FDA pandemic rule “would pose a substantial obstacle in the way of women seeking a medical abortion and that it can delay or prevent a medical abortion and therefore , may require a more invasive procedure. ” Instead, he said, the pills can be mailed.
His order interrupted the application of the FDA rule across the country, but the Supreme Court suspended the order, allowing the rule to be enforced.
Court President John Roberts said this is not a case of whether the rule imposes undue weight on a woman’s right to seek abortion. Instead, he said it was the authority of a lower court to block the rules during the pandemic. “Courts owe significant deference to politically responsible branches” with the background to assess public health.
Writing for herself and Judge Elena Kagan, Judge Sonia Sotomayor said that most women who seek abortion care during the first 10 weeks of pregnancy depend on the drugs in question.
“FDA policy imposes an unnecessary, unjustifiable, irrational and undue burden on women seeking abortion during the current pandemic,” wrote Sotomayor.
Judge Stephen Breyer also said he would have left control over the application of the rule.
