Abortion supporters on Friday expressed relief after the US Supreme Court upheld the widely used abortion pill for the time being, though the legal battle promises to be a long one.

The Supreme Court’s decision to suspend restrictions on the use of mifepristone imposed by US lower courts was welcome news almost a year after the court’s conservative majority overturned a landmark 1973 ruling that legalized abortion.

Abortion clinics began stockpiling the pills or prepared to replace the medical treatment of abortion with another drug, misoprostol, amid a legal battle over the legality of mifepristone, which has been used for more than two decades for half of the abortions performed in the US.

“This is the right decision and a great relief,” said Joshua Sharpstein, professor of public health at Johns Hopkins University and a former FDA official. “The alternative would not only undermine access to reproductive health services, but also lead to a serious violation of drug licensing in the US,” he added.

Texas Judge Matthew Kaczmarek, appointed by former US Republican President Donald Trump, initially withheld federal FDA approval of the mifepristone pill more than two decades ago. Subsequently, a federal appeals court in New Orleans suspended the enforcement of this decision, but retained some restrictions.

The legal battle continues and the New Orleans Court of Appeals is expected to hear the case again on May 17.

Opponents of abortion looked confident yesterday that the courts would eventually side with them.

“The courts recognize that this drug does not cure the disease or reduce its symptoms,” said Carol Tobias, president of National Right to Life. “It was created to take the life of an unborn child, and there is always the possibility of harming the mother.”

One of the organizations that originally sued mifepristone, the Alliance Defending Freedom, complained that the FDA should be “responsible for the damages caused.”

“Our case, which wants to put women’s health above politics, continues in the lower courts,” he stressed.

Fears remain

Avoiding openly expressing his satisfaction with this victory, US President Joe Biden reacted to the decision, which for now blocks measures “that would undermine the FDA’s medical judgment and endanger women’s health.”

Several states where abortion remains legal, including California, Massachusetts and Washington, have announced they are stockpiling abortion pills. Some family planning clinics have done the same.

California and other Democratic states have also pledged to protect pharmacists who still have mifepristone as long as it is prescribed by a doctor, even if its license is revoked by the FDA.

Planned Parenthood hailed the Supreme Court’s decision as “good news” but added that “the bottom line remains the same: access to mifepristone has never been more threatened than it is now.”

The ruling “does nothing to address the chaos, confusion and fear this case has tried to sow,” said Eliza Wells, founder of the Plan C abortion pill advocacy network.

“While mifepristone may remain available for the time being, access to abortion is still severely and unfairly restricted in many states,” he added.

“We still plan to stock up on mifepristone and misoprostol just in case,” said Josie Urbina, a physician specializing in high-risk pregnancies at the University of California Pregnancy Options Center.

Abortion pills are no longer available in the 15 US states where abortion is illegal. Potential restrictions or bans on mifepristone mostly affect states where abortion is still legal.

Even neighboring Canada has expressed concern about these developments. Canadian Family Affairs Minister Karina Gould confirmed yesterday that Ottawa will help American women if needed.

Source: APE-ME, AFP, REUTERS.