Emergency Application Filed
Danco Laboratories, the pharmaceutical company that produces mifepristone, filed an emergency application with the Supreme Court on Saturday to lift a lower court’s ruling that bars health providers from dispensing the abortion pill by mail. The company argues that the 5th U.S. Circuit Court of Appeals ruling "causes immediate confusion and dramatic upheaval for manufacturers, distributors, providers, pharmacies, and patients around the country." Lawyers for Danco wrote in their filing that the resulting chaos for patients, providers, pharmacies, and the drug-regulatory system is a quintessential irreparable harm that underscores the need for emergency relief from this Court.
Lower Court Ruling
The lower court’s order temporarily blocks 2023 Food and Drug Administration guidelines from the Biden administration that had eased access to the pill, citing an ongoing safety review by the Trump administration. The appeals court reinstated a requirement that abortion pills be obtained in person. The decision stems from a lawsuit brought by the state of Louisiana. Louisiana Attorney General Liz Murrill said she looks forward to continuing to defend women and babies as this case continues.
Arguments for Intervention
Danco Laboratories urged the justices to take up the case on the merits. The application argued that Louisiana is not directly impacted by the FDA's approval of the drug and should not be able to bring the case. Lawyers for the pharmaceutical company also argued that yesterday’s ruling injects immediate confusion and upheaval into highly time-sensitive medical decisions. The company's lawyers asked what happens when patients arrive for scheduled appointments this weekend and beyond, or walk into pharmacies in New York, Minnesota, Washington, and many other states today to obtain Mifeprex that was prescribed by a provider yesterday.
Impact on Abortion Access
The appeals court wrote in the order that every abortion facilitated by the FDA's action cancels Louisiana's ban on medical abortions and undermines its policy that every unborn child is human being from the moment of conception and is, therefore, a legal person. Julia Kaye, an attorney with the American Civil Liberties Union, said this decision defies clear science and settled law and advances an anti-abortion agenda that is deeply unpopular with the American people. Marjorie Dannenfelser, head of Susan B Anthony Pro-Life America, said the ruling was a huge victory for victims and survivors of Biden's reckless mail-order abortion drug regime.
Voting Rights Act Ruling
The Supreme Court's decision to throw out Louisiana’s congressional maps is throwing a wrench into an already-turbulent midterm cycle. Sen. Raphael Warnock of Georgia called the Supreme Court's decision last week to strike down Louisiana's congressional map and weaken the Voting Rights Act a massive and devastating blow. Warnock said the court poured fuel on this redistricting arms race. Warnock said the solution to this really is to ban partisan gerrymandering, which he said turns our elections on its head, so that rather than the people picking their politicians or their public servants, the politicians are picking their voters.
States Respond to Voting Ruling
Louisiana officials announced they would be delaying congressional primaries in response to the high court ruling. Florida passed a new congressional map within hours of the ruling, engineered to deliver Republicans four additional seats. Civil rights groups including the ACLU and the NAACP filed an emergency challenge on Friday, arguing that the governor’s order is illegal and that votes already cast cannot simply be erased.
With redistricting battles intensifying across the country, the Supreme Court's rulings on both abortion access and voting rights are poised to dramatically reshape the political landscape ahead of the midterm elections.
