April 21, 2023court rulingreproductive health policyFDA drug approvalSupreme Court emergency powersREMSreproductive rightsjudicial powerSupreme Court
Supreme Court 7-2 order preserves full mifepristone access during appeal
The Supreme Court issued a 7-2 order halting both Judge Kacsmaryk's district court ruling and the Fifth Circuit's partial stay, keeping mifepristone fully available under then-current FDA rules while the case proceeded through appeals. Justices Clarence Thomas and Samuel Alito dissented, stating they would have let the Fifth Circuit's restrictions take effect immediately. The majority order prevented a nationwide enforcement of pre-2016 REMS restrictions, buying time for the case to reach a merits decision.