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Supreme Court maintains access to abortion pill, blocking restrictions on its use

April 21, 2023

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The Supreme Court on Friday allowed the abortion pill mifepristone to remain on the market for the time being, suspending a lower court order that would have curtailed its availability in the U.S.

The 7-2 ruling stays a verdict earlier this month by U.S. District Court Judge Matthew Kacsmaryk invalidating the Food and Drug Administration’s 2000 approval of mifepristone. Justices Samuel Alito and Clarence Thomas dissented.

The justices’ decision returns the case to the Fifth Circuit Court of Appeals, which on April 13 had partially blocked Kacsmaryk’s order but imposed limits on the drug’s use. The U.S. Department of Justice appealed that decision to the Supreme Court, which set a deadline of midnight Friday to decide on a course of action.

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