The Biden administration had requested the Supreme Court to review the decision.
The justices agreed to hear the case, but noted they would not consider a separate challenge to the FDA’s approval of the abortion drug, so a ruling would not take the drug off the market entirely, but could make it more difficult to acquire even in states where abortion is still legal.
The question from the Fifth Circuit’s decision is whether the FDA followed proper procedures when approving mifepristone initially more than two decades ago.
“This Administration will continue to stand by FDA’s independent approval and regulation of mifepristone as safe and effective,” the Biden administration’s news release reads. “As the Department of Justice continues defending the FDA’s actions before the Supreme Court, President Biden and Vice President Harris remain firmly committed to defending women’s ability to access reproductive care.”
This will mark the first time the Supreme Court revisits a case related to abortion since its June 2022 overturn of Roe v. Wade.
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