SCOTUS Upholds FDA Restrictions on Chemical Abortion

In a 6-3 decision released on January 12, the U.S. Supreme Court upheld a request by the Food and Drug Administration to reinstate restrictions around the use of chemical abortion. The FDA placed the restrictions on the use of chemical abortion to mitigate the four-fold increased risk of adverse effects of its use over that of surgical abortion. The decision is in response to a lower court ruling in Maryland suspending the FDA regulations which allowed women to forego a doctor’s visit ostensibly protecting women from Coronavirus. Justice Sotomayor writing for the minority said, “The FDA’s policy imposes an…undue burden on a woman seeking abortion during the current pandemic.” Chief Justice John Roberts insisted the decision was actually about whether a lower court can block FDA rules during a health crisis. The newest Justice, Amy Coney Barrett, sided with what looks like a new pro-life majority.

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