(TNND) — The Supreme Court ruled on Thursday to continue allowing mifepristone, the most used drug in abortions, to be prescribed — rejecting a lower-courts attempt to restrict it.
The court’s order will allow women seeking abortions to continue obtaining the drug at pharmacies, through the mail and without an in-person visit to the doctor. The lawsuit will continue to play out as access is likely to remain at least until next year with the potential for an appeal.
The Supreme Court justices allowed emergency requests from the makers of mifepristone, who appealed a federal appeals court ruling that would require women to seek in-person doctors and further deter the delivery of the drug through mail.
The federal Food and Drug Administration (FDA) first approved the use of mifepristone for abortions in 2000 and stopped requiring in-person doctor visits five years ago.
Justices Clarence Thomas and Samuel Alito dissented, and Thomas wrote that the two companies manufacturing the drug — Danco Laboratories and GenBioPro — are not entitled to “lost profits from their criminal enterprises” that may have resulted from the court’s actions against them.
Anti-abortion groups have been pushing the FDA to move faster with a review that they hope will result in the restriction of mifepristone and block its prescribing via telehealth. Groups have expressed dissatisfaction with President Donald Trump’s administration, who says the work takes time.
Earlier this week, FDA Commissioner Marty Makary resigned following months of criticism from Trump’s allies, which includes anti-abortionists.
Meanwhile the Trump administration has been quiet on the matter, declining to file a written brief recommending what the court should do, despite federal regulations being at stake.
Trump has relied on the political support of anti-abortion groups during his campaigns but has also seen polls showing Americans generally supporting abortion rights, according to an AP-NORC poll.
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The situation put the administration in a difficult place as the case continues to play out.
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