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The justices denied the challenge for technical reasons, and didn't address the merits of FDA drug approvals. Justice Brett Kavanaugh’s opinion even provided a road map for people with sincere objections.
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The high court threw out a challenge to the FDA's rules on the abortion drug. A recently enacted Florida law permits use of the pill up to six weeks of gestation, but the medication must be taken in front of a doctor.
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The law affects mifepristone and misoprostol. Supporters say it protects expectant mothers from coerced abortions. Opponents say the drugs have other uses and the law will make them harder to prescribe.
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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 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.