On April 21, 2023, the U.S. Supreme Court Issued an Order in the Ongoing Litigation Regarding the FDA’s Approval of the Abortion Drug Mifepristone.
This order stayed the lower court injunctions interfering with the availability of mifepristone, which the FDA first approved over twenty years ago and which now is used in half of U.S abortions. Justice Thomas would have denied the application for stays, and Justice Alito dissented. The appeal of the district court’s preliminary injunction will now proceed in the U.S. Court of Appeals for the Fifth Circuit, which has scheduled an expedited hearing for May 17, 2023.