Supreme Court votes to keep mifepristone on market

Supreme Court votes to keep mifepristone on market | Image Credit: © steheap - © steheap - stock.adobe.com.

The Supreme Court has voted to keep mifepristone (Mifeprex; Danco Laboratories) on the market while appeals go through lower courts.¹

The ruling to recall the drug from the market was issued by a federal judge in Texas. With the Supreme Court’s decision, mifepristone will remain available to women seeking an abortion in states where use is legal.

Mifepristone is an abortion drug that blocks progesterone. It is often taken with misoprostol (Cytotec; Pfizer), which helps expel contents from the uterus to complete abortion. Over 5 million women have used mifepristone to complete an abortion in the United States.

After the Supreme Court overturned Roe v. Wade, changes in abortion care were seen across the country. Currently, 12 states have implemented bans on abortion after 6 weeks into pregnancy. In 13 other states, near-total bans on abortion have been approved.

Justices Clarence Thomas and Samuel A. Alito Jr. dissented during the recent order, with Justice Alito stating proof of irreparable harm has not been determinedby the drug’s manufacturer, Danco Laboratories. While the FDA stated regulatory chaos would follow the lower court’s ruling, Justice Alito doubted this claim.

“Because the applicants’ Fifth Circuit appeal has been put on a fast track, with oral argument scheduled to take place in 26 days, there is reason to believe that they would get the relief they now seek—from either the Court of Appeals or this Court—in the near future if their arguments on the merits are persuasive,” Justice Alito said in a statement.

The Biden administration has continued to show support for keeping mifepristone on the market.² Following the Supreme Court’s decision, Vice President Kamala Harris released a statement.

“Our Administration will not waver in our commitment to preserving access to essential medication and defending the FDA’s ability to approve safe and effective drugs,” Harris said. “Americans need to look no further than their medicine cabinet to see how many FDA-approved medications are at risk if lower court decisions disregarding the FDA’s scientific judgment are allowed to stand.”

Reference

1. Supreme Court of the United States. DancoLabortatories, LLV v. Alliance for Hippocratic Medicine, et al. on application for stay. Accessed April 24, 2023. https://www.supremecourt.gov/opinions/22pdf/22a901_3d9g.pdf

2. Statement by Vice President Kamala Harris on the Supreme Court’s Decision in Alliance for Hippocratic Medicine v. FDA. The White House. April 21, 2023. Accessed April 24, 2023. https://www.whitehouse.gov/briefing-room/statements-releases/2023/04/21/statement-by-vice-president-kamala-harris-on-the-supreme-courts-decision-in-alliance-for-hippocratic-medicine-v-fda/