February 12, 2024. Last summer, the US Court of Appeals for the 5th Circuit held that mifepristone may remain on the market, but the Court imposed additional restrictions, such as limiting its use to the first seven weeks of pregnancy and eliminating access through telemedicine and mail-order delivery. Based on a prior US Supreme Court ruling, these restrictions have not taken effect.
The Government appealed the decision to SCOTUS. On October 12, 2023, Shattering Glass and its partners in the Reproductive Health Coalition filed an amicus brief in support of the safety, efficacy and critical importance of mifepristone access, which includes updated, tragic, heartbreaking experiences of medical professionals. A copy of our amicus brief may be found HERE.
On December 13, 2023, SCOTUS agreed to hear the case, but it limited its review to whether the FDA’s decisions to expand access to the drug were arbitrary and capricious and whether the anti-abortion doctors and groups who filed the lawsuits had standing. It is not considering the 2000 FDA approval of mifepristone.
Shattering Glass and its partners in the Reproductive Health Coalition filed a third amicus brief with SCOTUS on January 30, 2024. A copy of out most recent brief may be found HERE. Oral argument has been scheduled for March 26th, and a decision is anticipated by the end of June.
In an interesting twist, in early November, the states of Idaho, Missouri and Nebraska sought to intervene at the District Court level, likely fearful that SCOTUS could deny the anti-abortion folks standing. If that is what SCOTUS rules, we may be forced to start this appeals process again.
For a summary of the earlier proceedings, as well as our amicus briefs, please see our blog "Our Fight For Mifepristone And So Much More."