The Biden administration on Monday asked the Supreme Court to take up a closely watched case over the legality of a widely used abortion pill, putting the White House squarely on the side of abortion rights advocates in what could be a major test of reproductive rights law.
The case centers around a challenge to an FDA rule that limits access to the abortion pill mifepristone, which has been used in the United States since 2000 and is now used in about 40 percent of the abortions performed in the country each year. Anti-abortion groups have argued that the rule should be struck down, as it forces women who would take the pill to go to a doctor’s office to obtain it, rather than being able to get it by mail.
The Biden administration has now asked the court to review a ruling from the U.S. Court of Appeals for the Ninth Circuit, which ruled in favor of the FDA. The government’s petition urged the justices to take up the case and “reaffirm its commitment to women’s health and its commitment to upholding existing law.”
If the Supreme Court takes up the case, it could have major implications for abortion access nationwide, as well as decisions about how the government enforces abortion-related regulations. It also comes as several states, including Texas, are trying to pass laws that would impose tougher restrictions on the use of the abortion pill.