On Friday, the Supreme Court temporarily kept in place federal rules for the use of an abortion drug while it takes time to fully consider the issues raised in a court challenge.
The decision makes it possible, at least for now, for women to get Mifepristone by mail as the legal battle continues.
Meanwhile, rallies and protests were held throughout the country this weekend.
“What the Fifth Circuit did was to grant a stay that maintains the status quo, that keeps everything in place regarding the Fifth Circuit Court of Appeals’ order, and the decision of U.S. District Judge Matthew Kacsymaryk in Amarillo that essentially limited the circumstance that Mifepristone could be used or distributed, and the Supreme Court gave the anti-abortion proponents until 2 p.m. on Wednesday to file a response,” said KPRC 2′s legal analyst Brian Wice.
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Wice said the temporary action allows the full Court to review emergency appeals from the Biden administration and one of the drug makers.
“The Department of Justice is represented by the Solicitor General, that’s the government’s top lawyer in the United States Supreme Court, the best of the best. And the thrust of the SG’s argument is that the plaintiffs, the anti-abortion proponents that won Judge Kacsymaryk’s court, don’t have legal standing. It’s a fancy legal term meaning they weren’t directly impacted or injured by the fact that Mifepristone has been approved by the FDA since 2020,” Wice said.
If the Fifth Circuit ruling is upheld, women would have to get the drug in person at the doctor’s office. It would no longer be available by mail and the window for prescriptions would be narrowed from 10 weeks to seven weeks of pregnancy.
“This is a big deal, and this is why, because as a matter of Supreme Court policy, it takes the vote of five justices to grant a stay, which means that at least two of the conservatives - my guess - Chief Justice Roberts and Justice Kavanaugh joined the Court’s three liberal members in issuing the stay,” Wice said.
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