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At issue in the case is more than abortion rights. It's the entire structure of the FDA's regulatory power to approve drugs and continually evaluate their safety.
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Florida pharmacies will not be allowed to carry or sell the drug due to state law stating that patients can only receive abortion medication from clinic physicians after performing two in-person visits.
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While a Supreme Court order continues to ensure the drug is still widely available, the issue returned Wednesday to the 5th Circuit Court of Appeals as lawyers for both sides urged the court to act.
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Ahead of oral arguments in the Supreme Court over access to mifepristone, more than 150 people shared stories with NPR about how they used the medication — and how it changed their lives.
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The case involves a regulatory issue — whether FDA approval of the abortion pill, and later actions making it more easily available — must be rolled back.
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Doctors and patients fear mifepristone could be pulled off the market when the legal wrangling ends. Already, they say, the legal climate has created a chilling effect that keeps some doctors from prescribing it.
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The Supreme Court has left the case in the hands of the 5th U.S. Circuit Court of Appeals, which has scheduled oral arguments in the case for May 17.
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The justices now say to expect a ruling by Friday evening. In the meantime, here's a look at the abortion drug at issue, how the case got to the nation's highest court and what the delay might say about what's going on.
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The announcement kicks the can down the road on what the high court will do for another few days. Mifepristone is used in about half of all abortions nationwide.
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GenBioPro, which makes a generic form of mifepristone, is suing the FDA seeking to preserve access to the drug amidst ongoing federal litigation.