Abortion pill ruling sets up Supreme Court showdown

Key Facts

“The fate of women’s access to this lifesaving drug is now back in the hands of the Supreme Court,” said Sen. Ron Wyden (D-Ore.) on Wednesday, “a terrifying thought for those of us who don’t trust the right-wing justices who overturned Roe and who claimed abortion is an issue to be left to the states.”
“The Department strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA and will be seeking Supreme Court review of that decision,” a spokesperson for the department said.
“In its rush to reach a particular outcome on the merits, the panel disregarded the actual factual record before the court and second-guessed FDA at every turn—neither of which is consistent with the rule of law in challenges to agency action,” the company said in a statement Wednesday night.
Legal experts and abortion rights advocates have warned that this interpretation of Comstock could lead to a prohibition on mail delivery of any drug or piece of medical equipment that could possibly be used for an abortion — even into states where the procedure remains legal — threatening access to medical care more broadly.