High Court Issues 5-day Stay in Abortion Drug Case

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The U.S. Supreme Court has ordered an administrative stay until 4/20 of a lower court’s 4/7 order (see earlier story) that would restrict the distribution of the abortion drug mifepristone. The stay gives the high court additional time to review a 4/14-filed appeal by the Department of Justice that is seeking a longer stay while the lower court’s order is appealed in the U.S. Court of Appeals for the Fifth Circuit.

The DoJ appeal “concerns unprecedented lower court orders countermanding FDA’s scientific judgment and unleashing regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone,” the government says in the appeal. Approved in 2000, FDA has maintained its scientific judgment “across five presidential administrations, and it has modified the original conditions of mifepristone’s approval as decades of experience have conclusively demonstrated the drug’s safety,” the government contends. “Public health authorities around the world have likewise approved mifepristone, and the World Health Organization has included it on a list of ‘essential medicines.’”

The appeal says the district court’s order would nullify FDA’s approval and effectively prohibit mifepristone from being introduced into interstate commerce, “upending the status quo based on the court’s deeply misguided assessment of mifepristone’s safety… The Fifth Circuit stayed the district court’s suspension of FDA’s original approval of mifepristone. But it refused to stay the suspension of subsequent updates to the conditions on the drug’s use, which have governed the drug’s distribution for seven years and provided a safe and effective option for women who would otherwise have to undergo a surgical abortion.”

It further said that if allowed to take effect, the lower courts’ orders would “upend the regulatory regime for mifepristone, with sweeping consequences for the pharmaceutical industry, women who need access to the drug, and FDA’s ability to implement its statutory authority.”

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