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President-elect Donald Trump's return to the White House could mean a push to revoke a federal directive for hospitals to provide emergency abortions. Eased access of abortion pills could also be at risk.
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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 court said that the challengers, a group called the Alliance for Hippocratic Medicine, had no right to be in court at all since neither the organization nor its members could show they had suffered any concrete injury.
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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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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.