WASHINGTON, D.C., October 9, 2020 (LifeSiteNews) — The U.S. Supreme Court declined to immediately uphold Food and Drug Administration regulations on the abortion pill, allowing doctors to continue to prescribe it virtually.
The Trump administration had petitioned the high court to uphold the FDA medical safety standards requiring doctors prescribing the abortion pill to meet with patients in person first. The Supreme Court declined to grant the Trump administration its request.
The administration’s request came after a district court had issued an injunction that suspended the FDA’s authority to continue in-person requirements for prescribing the abortion pill mifepristone.
But rather than rule decisively, the Supreme Court indicated it required further action from the lower court, stating, “Without indicating this Court’s views on the merits of the District Court’s order or injunction, a more comprehensive record would aid this Court’s review.”
#SCOTUS tells Trump admin it will not act now on request to block lower-ct ruling that eased access to abortion pill during pandemic. Justices say they need “more comprehensive record.” https://t.co/aYa48PGwEk
— Amy Howe (@AHoweBlogger) October 8, 2020
Justices say they will hold govt's request to allow lower ct to consider a new motion by Trump administration to dissolve/modify or stay order. #SCOTUS tells dist ct to rule w/in 40 days. Alito dissents, joined by Thomas. https://t.co/MLzxkp6n8X
— Amy Howe (@AHoweBlogger) October 8, 2020
“We are disappointed by the lack of a ruling. Chemical abortion poses serious complications for women that can include heavy bleeding, intense and prolonged pain, infection, and even death,” said Susan B. Anthony List President Marjorie Dannenfelser.
“Every day of delay is a day that unborn children and their mothers are at risk from these dangerous drugs,” continued Dannenfelser. “We thank the Trump administration for fighting for vitally important health and safety protections and are confident we will ultimately prevail.”
“Medical abortion is increasing as a percentage of all abortions for reasons that benefit abortion providers but there are distinct disadvantages for women. Medical abortion is far more likely to fail than surgical abortion, resulting in frequent complications and requiring surgical completion in one out of 20 women,” explained Dr. Ingrid Skop, M.D., F.A.C.O.G. at Faith and Law.
“Abortion advocates are aggressively working to remove FDA and legislative restrictions so that medical abortion can be provided without evidence based oversight,” said Skop. “These trends must be recognized and countered for the protection of American women.”
In their petition, “The American College of Obstetricians and Gynecologists, et al v the Food and Drug Administration, et al.” (ACOG v FDA), the ACOG challenged “the enforcement during the COVID-19 pandemic of certain FDA requirements relating to in-person dispensing … for an oral medication used to induce an abortion or to manage a miscarriage.”
More specifically, the case concerns:
a nationwide injunction preventing the Food and Drug Administration (FDA) from enforcing, during the COVID-19 pandemic, its longstanding safety requirements for the dispensing of Mifeprex, a drug indicated for termination of pregnancy during the first ten weeks. Ever since the FDA approved the drug in 2000, the agency has required drug sponsors to ensure that Mifeprex or its generic equivalent (collectively, Mifeprex) is dispensed only by or under the supervision of a certified healthcare provider in a hospital, clinic, or medical office, and only after a patient signs a form acknowledging that she has been counseled about the drug’s risks. The FDA has made, and continuously adhered to, the judgment that these requirements mitigate serious health risks associated with the drug, which can increase if the patient delays taking the drug or fails to receive proper counseling about possible complications.
The district court here nevertheless enjoined the enforcement of those longstanding safety regulations on a nationwide basis for the pendency of the COVID-19 pandemic, holding they pose an undue burden on abortion access under Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), because of the potential costs associated with visiting a clinic during the pandemic.
In a one-sentence order, the court of appeals declined to stay that injunction, thereby allowing a single district judge to dictate national safety requirements for medication abortion in the middle of the current public-health emergency.
Judge Samuel Alito, joined by Justice Clarence Thomas, offered a blistering dissent, noting that denying a stay “would highlight the inconsistency in the Court’s rulings on COVID–19-related public safety measures. In response to the pandemic, state and local officials have imposed unprecedented restrictions on personal liberty, including severe limitations on First Amendment rights. Officials have drastically limited speech, banning or restricting public speeches, lectures, meetings, and rallies.”
“The free exercise of religion also has suffered previously unimaginable restraints, and this Court has stood by while that has occurred,” he added.
Despite those broad, heavy-handed restraints, “a District Court Judge in Maryland took it upon himself to overrule the FDA on a question of drug safety. Disregarding THE CHIEF JUSTICE’s admonition against judicial second-guessing of officials with public health responsibilities, the judge concluded that requiring women seeking a medication abortion to pick up mifepristone in person during the COVID–19 pandemic constitutes an “undue burden” on the abortion right, and he therefore issued a nationwide injunction against enforcement of the FDA’s requirement,” wrote Alito.
“The judge apparently was not troubled by the fact that those responsible for public health in Maryland thought it safe for women (and men) to leave the house and engage in numerous activities that present at least as much risk as visiting a clinic—such as indoor restaurant dining, visiting hair salons and barber shops, all sorts of retail establishments, gyms and other indoor exercise facilities, nail salons, youth sports events, and, of course, the State’s casinos,” continued Alito. “And the judge made the injunction applicable throughout the country, including in locales with very low infection rates and limited COVID–19 restrictions.”
PETITION UPDATE (9/26/2020):
With President Trump's nomination of Amy Coney Barrett to fill the vacancy on the Supreme Court left by the death of Ruth Bader Ginsburg, we are closer than we have been in decades to seeing Roe vs. Wade overturned.
We now encourage the Senate to confirm Barrett as the next Associate Justice of the Supreme Court.
Judge Barrett has a fantastic track recond on sanctity of life issues, has seven children, and is a devout believer. She is the perfect remedy for Ruth Bader Ginsburg's radical pro-abortionism.
Please READ the full story here: 'BREAKING: Trump nominates Catholic mom of 7 Judge Amy Coney Barrett to Supreme Court'
And then, please SIGN this petition telling the High Court that it's now time to end the activist Roe vs. Wade judgment. Thank you!
PETITION UPDATE (6/29/2020):
In a decision which has imperiled more abortion-minded women, sentenced more preborn to death, and upset pro-lifers across the nation,the United States Supreme Court decided 5-4 to strike down a Louisiana law requiring basic medical precautions in the event of abortion complications, with Chief Justice John Roberts reversing his own past decision to uphold a similar Texas law.
Liberal Justice Stephen Breyer wrote the majority opinion, which held that the Louisiana law was unconstitutional for the simple fact that it was “almost word-for-word identical” to the Texas one the court already struck down in 2016.
In his concurring opinion, Chief Justice Roberts acknowledged that he had “joined the dissent in Whole Woman’s Health and continue to believe that the case was wrongly decided. The question today however is not whether Whole Woman’s Health was right or wrong, but whether to adhere to it in deciding the present case.”
We call on the Supreme Court to stop supporting the culture of death and overturn Roe vs Wade, now.
PETITION UPDATE (1/20/2020):
Hundreds of thousands of people will gather in Washington, D.C., this coming Friday, January 24th, for the March for Life. They will be praying for an end to Roe vs Wade, as the Supreme Court will hear a crucial, abortion-related case later this year in March. United our voices can change the course of history. Sign this petition TODAY! (LEARN MORE BELOW)
PETITION UPDATE (1/3/2020):
In advance of the Supreme Court's hearing arguments in an important abortion case later this year in March, 207 U.S. Senators and Representatives have signed amicus briefs supporting a Louisiana law requiring abortionists to have admitting privileges at a hospital nearby an abortion center.
Some of these supporting briefs also suggest that now is the time to reconsider Roe vs Wade as sound law.
Please SIGN this petition, calling on the U.S. Supreme Court to strike down Roe vs Wade.
More than 60 million Americans have been slaughtered in their mother's wombs as a result of Roe v. Wade. This activist, unconstitutional ruling in 1973 has left countless women emotionally and psychologically scarred.
It was believed by many that Roe would be overturned in 1992 with Planned Parenthood v. Casey. Despite having eight Republican-appointed judges at the time, the Supreme Court ruled 5-4 to uphold it.
Since then, major gains have been made in the fight for life, and many lives have been saved.
However, Roe v. Wade remains the law of the land, leaving millions of defenseless pre-born children vulnerable to murder.
According to a 2016 study conducted by the Centers for Disease Control and Prevention, 35% of aborted babies are African American, despite black women only making up six percent of the U.S. population. 19% of aborted babies are Hispanic.
We thus again call on the court to do everything they can to end Roe vs Wade.
Now is the time for pro-lifers to join together and ensure that all of God's children have a right to life.
Roe v. Wade must come to an end!
FOR MORE INFORMATION:
Alito concluded there was no reason for the high court not to rule.
“This case presents important issues that richly merit review. The District Court’s decision, if reviewed, is likely to be reversed. And if the FDA is right in its assessment of mifepristone, non-enforcement of the requirement risks irreparable harm. A stay is amply warranted,” he warned.
Notably, neither Justice Neil Gorsuch nor Justice Brett Kavanaugh – both appointed by President Trump – joined the dissent, leaving it unclear where they stand on loosening telemedicine abortion restrictions during the coronavirus outbreak.