By Andrew Chung
WASHINGTON (Reuters) – The abortion pill mifepristone may not be available for months if limits set by lower courts take effect, the administration of President Joe Biden and the drug’s manufacturer told the U.S. Supreme Court on Friday in a attempt to defend access to the drug.
The Justice Department has filed an emergency motion asking for a stay of US District Judge Matthew Kacsmaryk’s decision in Texas to significantly restrict distribution of the Pill pending litigation with anti-abortion groups challenging mifepristone’s regulatory approval.
Kacsmaryk’s ruling — on a preliminary basis — was edited to take effect on Saturday.
The Biden administration has defended the availability of mifepristone in the face of increasing abortion bans and restrictions enacted by Republican-led states since the Supreme Court overturned the landmark Roe v. Wade 1973 that legalized the procedure across the country. The Supreme Court has a conservative majority.
The Justice Department said lower court orders issued last week limiting the availability of mifepristone would have “devastating consequences” for women who need access and the authority of scientific judgment from the U.S. Food and Drug Administration (FDA). ) on the safety of the drug.
Danco Laboratories, the maker of mifepristone, also asked the Supreme Court for a similar measure on Friday. The company said it may be forced to halt operations in the face of regulatory uncertainty.
Since last year’s Supreme Court ruling, 12 US states have put outright bans, while many others prohibit abortion after a certain period of pregnancy. The latest Republican-led action came in Florida, where Governor Ron DeSantis on Thursday signed a new law that bans most abortions after six weeks of pregnancy, setting the stage for access to abortion to be drastically reduced in the state and in the southern US.
(Reporting by Andrew Chung in New York)
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