The US Supreme Court on Wednesday agreed to review an appeals court decision that restricts access to the abortion pill mifepristone.
The Biden administration and Danco Laboratories, the maker of mifepristone, have appealed a ruling that prohibits distributing the drug through the mail, in addition to other restrictions that would even affect states where abortion remains legal.
It’s the role of SCOTUS to make sure the appeals court isn’t legislating from the bench. The Dobbs decision didn’t ban abortion nationwide; it gave dominion over abortion to the states. By severely restricting this safe and effective method of obtaining an abortion, the appeals court has overstepped its bounds — effectively outlawing the procedure even where it’s legal. SCOTUS must also make sure that the FDA isn’t undermined, or the future of that vital agency could be in jeopardy.
The FDA must be stopped from arbitrarily approving drugs that doctors have warned can have ill effects just so the Democratic administration can fulfill its promise to provide abortion on demand to those who wish to violate the rights of the unborn. Making mifepristone widely available allows a path for circumventing restrictions that have legally been adopted since the Dobbs decision.