U.S. Supreme Court temporarily maintains access to abortion pill

Demonstration for the maintenance of the right to abortion, in front of the Supreme Court of the United States, May 3, 2022 in Washington. © AP/Jose Luis Magana

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The U.S. Supreme Court on Friday temporarily upheld access to the abortion pill, a widespread abortion method in the United States, by suspending the decision of a lower court, in order to have more time to consider the case.

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The suspension is valid until Wednesday before midnight, the Supreme Court said in its decision, and the parties will have to present their arguments by Tuesday noon. The temple of American law, with a conservative majority, had been seized urgently by the Biden administration, which asked it to act before restrictions on access to this pill, ordered by an appeals court, take effect on the night of Friday to Saturday.

The temporary suspension ordered by the Supreme Court does not presage its future decision on the case, the outcome of which remains highly uncertain. The ongoing legal battle, the latest twist in the assault on abortion rights in the United States, is about access to mifepristone throughout the United States.

In combination with another drug, this pill is used for more than half of abortions in the United States. More than five million American women have already taken it since it was authorized by the U.S. Food and Drug Administration (FDA) more than 20 years ago.

The legal saga began last week: a federal judge in Texas, seized by anti-abortion activists, had withdrawn the marketing authorization of mifepristone. Despite scientific consensus, he considered that it posed risks to women's health. A delay of one week was provided before his decision applied.

Seized by the federal government, the appeals court had partially overturned the judge's decision, allowing the abortion pill to remain authorized for the time being -- but it had reversed the access facilities granted by the FDA over the years. His judgment included prohibiting the mailing of mifepristone, and returning to a use limited to seven weeks of pregnancy, instead of ten.

In its petition, the Biden administration therefore requested a "stay" of the judgment of the Court of Appeals "to preserve the status quo", pending a review of the case on the merits. Otherwise, the restrictions would create "regulatory chaos", he said.

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  • United States
  • Health and medicine