U.S. Justice Department asks Supreme Court to take up abortion pill case
The U.S. Department of Justice on Friday asked the Supreme Court to decide whether the abortion pill should remain on the market after two lower courts issued differing opinions about its use.
The case, Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration, will likely be the second time the conservative-leaning Supreme Court rules on access to abortion since former President Donald Trump nominated three new justices, shifting the balance of power.
“The loss of access to mifepristone would be damaging for women and healthcare providers around the Nation,” the DOJ wrote in the 42-page document. “For many patients, mifepristone is the best method to lawfully terminate their early pregnancies. They may choose mifepristone over surgical abortion because of medical necessity, a desire for privacy, or past trauma.”
“Surgical abortion is an invasive medical procedure that can have greater health risks for some patients, such as those who are allergic to anesthesia,” DOJ added.
The DOJ called on the Supreme Court to take up the case by arguing that lower courts erred in several ways, including by making “serious legal errors.”
“The court scarcely acknowledged FDA’s detailed analysis of the available scientific evidence,” DOJ wrote. “Instead, it faulted FDA for failing to cite studies that do not exist and for failing to explicitly respond to unfounded objections that were not raised during the administrative process.”