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Drugmaker, DOJ, Attorneys General Send Briefs to Supreme Court on Abortion Drug

January 29, 2024

The Biden administration and Danco Laboratories, manufacturer of the abortion pill mifepristone, have filed briefs petitioning the Supreme Court to keep wider patient access because restricting the drug would have damaging health repercussions for women.

At issue is an August decision from the U.S. Court of Appeals for the Fifth Circuit which ruled that the FDA didn’t follow proper procedures when it loosened restrictions on mifepristone in 2016, lowering the dosage from 600 mg to 200 mg, allowing for mail-order prescriptions, extending the gestational period during which it could be used, and otherwise making the drug easier to get.

Now that opinion is before the U.S. Supreme Court and if the court upholds the Fifth Circuit’s decision, mifepristone would only be available under the pre-2016 limitations, which the White House and Danco say isn’t based in science. The Supreme Court is expected to deliver its decision in June.

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