A conservative Texas organization had filed a complaint against the American administration (the FDA) for the agreement given 23 years ago to an abortion pill, mifepristone. The Supreme Court had referred the case to a regional appeals court, based in New Orleans, which rendered its verdict, halftone.
2 mins
With our correspondent in Houston, Thomas Harms
Mifepristone remains available in the United States for the time being and has not been withdrawn from the market. The verdict of the appeal court, dominated by judges appointed by Donald Trump, did not want to reverse the authorization of the abortion pill, 22 years ago. The complaint is deemed inadmissible because it arrived too late.
On the other hand, in 2021, the American Federal Food and Drug Administration (the FDA) had authorized prescriptions by telemedicine and the sending of the pill by mail, simplifying its access. This court of appeals, known as “the 5th circuit”, decided to prohibit these practices, and took the opportunity to restrict the use of the drug to seven weeks of pregnancy (and not ten as decided by the FDA in 2016).
“ If this decision goes into effect, it will lead to some pretty significant changes to the status quo when it comes to access to pills in this country. “, explains Greer Donley, professor of health law, specializing in abortion issues at the University of Pittsburgh.
The ministry takes the case to the Supreme Court
The case was brought by the Alliance Defending Freedom, a Texas organization of doctors, and their claim is based on the side effects of mifepristone – although complications are very rare – which they had to treat and will have to treat if the drug remains available. And the decision in their favor can have an impact for all drugs. They might be banned because of their side effects, and a group of doctors opposed to a drug like viagra for religious or moral reasons might be able to reverse its authorization in court.
More than half of abortions in the United States are performed with mifepristone, combined with another drug, misoprostol.
Major US medical associations have said removing mifepristone from the market will force patients to undergo more invasive surgical abortions.
The Ministry of Justice has decided to seize the Supreme Court to reverse the verdict of the Court of Appeal.