Americans will still be able to buy an abortion pill after the US Supreme Court threw out a bid by campaign groups to restrict access to it.
The decision was made by the same court that two years ago overturned Roe v Wade – which had previously given womenrights to terminate a pregnancy.
The drug – mifepristone – was first approved by the Food and Drug Administration (FDA) in September 2000 for medical termination up to seven weeks into pregnancy, extended to 10 weeks in 2016.
It was ruled the plaintiffs behind the lawsuit challenging mifepristone lacked the necessary legal standing to pursue the case, which required they show they have been harmed in a way that can be traced to the FDA.
The plaintiffs wanted an end to rules introduced in 2016 and 2021 that permitted medication abortions at up to 10 weeks of pregnancy instead of seven, and for mail delivery of the drug without a woman first seeing a doctor in-person.
The suit initially had sought to reverse FDA approval of mifepristone, but that aspect was thrown out by a lower court.
Mifepristone is taken with another drug called misoprostol to perform medication abortions – now the most common method of terminating pregnancies in the US.
Image: Anti-abortion activists outside the Supreme Court in April 2023. Pic: Reuters
The FDA said that after decades of use by millions of women in the US and around the world, mifepristone has proven “extremely safe” and that studies have demonstrated that “serious adverse events are exceedingly rare”.
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The plaintiffs, known as the Alliance for Hippocratic Medicine, argued the FDA acted contrary to its mandate to ensure medications are safe when it eased the restrictions on mifepristone.
They also accused the administration of violating a federal law governing the actions of regulatory agencies.
US District Judge Matthew Kacsmaryk broadly sided with them in a 2023 decision that would have effectively pulled the pill off the market.
Analysis: Abortion pill decision offers some respite from complicated patchwork of laws
By Sarah Gough, US producer
Pro-choice campaigners breathed a sigh of relief following the news the Supreme Court will not limit access to medication abortion.
The fight for mifepristone was one of the latest attempts by anti-abortion groups to restrict access to reproductive rights in America following the overturn of Roe v Wade in 2022.
The pill gives much-needed access to abortion care to those who do not yet need to undergo a procedure to terminate their pregnancy. This decision means mifepristone can still be accessed over the counter and through the post with a prescription.
The drug was approved by the FDA more than 20 years ago and has been considered safe ever since. The fact its safety was ever called into question was egregious to many doctors, and women who’d taken the drug, across the country.
It was a unanimous ruling to throw this case out. Unanimous decisions are not something we usually see at the Supreme Court, given the right-wing majority sitting on the bench. However, this was a ruling about how the case was brought, not a moral opinion on whether the abortion pill is necessary or not.
Despite the win for pro-choice groups, there is constant legal wrangling across the US when it comes to abortion care.
The next most consequential upcoming case in front of the Supreme Court concerns whether emergency abortion care can be obtained in spite of abortion bans. It’s being brought out of the state of Idaho, where abortion is entirely banned with limited exceptions, and where some women who go to the emergency room with pregnancy complications are having to be airlifted to nearby states to get the care they need.
Women in restrictive states often have to act via underground methods to obtain an abortion, and doctors live in fear of making hasty, illegal decisions when it comes to reproductive healthcare. What follows is a delay in care, often for the most vulnerable.
The protection of the abortion pill provides some brief respite from a complicated and fraught patchwork of laws.
However, after the FDA appealed, the New Orleans-based 5th US Circuit Court of Appeals did not go as far as Kacsmaryk but still ruled against its move to widen access to the pill.
This decision was placed on hold pending the Supreme Court’s review.
The plaintiffs said they had legal standing to sue because their member doctors would be forced to violate their consciences due to “often be called upon to treat abortion-drug complications” in emergency settings.
The Justice Department said these claims relied on an impermissibly speculative chain of events.
Following the decision, Joe Biden said in a statement: “Today’s decision does not change the fact that the fight for reproductive freedom continues.
“It does not change the fact that the Supreme Court overturned Roe v Wade two years ago, and women lost a fundamental freedom.
“It does not change the fact that the right for a woman to get the treatment she needs is imperiled if not impossible in many states.”
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Meanwhile, Mr Trump – speaking at a campaign event – acknowledged the issue had cost Republicans and that it is too important to ignore.
The presidential hopeful said it was his preference for the decision to be made by the people and individual states.
The mifepristone dispute is not the only abortion case the Supreme Court is due to decide during this presidential election year.
It also is expected to rule by the end of June on the legality of Idaho’s strict Republican-backed abortion ban that forbids terminating a pregnancy even if necessary to protect the health of a pregnant woman facing a medical emergency.
The US has announced it is sending an aircraft carrier to the waters off South America as it ramps up an operation to target alleged drug smuggling boats.
The Pentagon said in a statement that the USS Gerald R Ford would be deployed to the region to “bolster US capacity to detect, monitor, and disrupt illicit actors and activities that compromise the safety and prosperity of the United States homeland and our security in the Western Hemisphere”.
The vessel is the US Navy’s largest aircraft carrier. It is currently deployed in the Mediterranean alongside three destroyers, and the group are expected to take around one week to make the journey.
There are already eight US Navy ships in the central and South American region, along with a nuclear-powered submarine, adding up to about 6,000 sailors and marines, according to officials.
It came as the US secretary of war claimed that six “narco-terrorists” had been killed in a strike on an alleged drug smuggling boat in the Caribbean Sea overnight.
Image: A still from footage purporting to show the boat seconds before the airstrike, posted by US Secretary of War Pete Hegseth on X
Pete Hegseth said his military had bombed a vessel which he claimed was operated by Tren de Aragua – a Venezuelan gang designated a terror group by Washington in February.
Writing on X, he claimed that the boat was involved in “illicit narcotics smuggling” and was transiting along a “known narco-trafficking route” when it was struck during the night.
All six men on board the boat, which was in international waters, were killed and no US forces were harmed, he said.
Ten vessels have now been bombed in recent weeks, killing more than 40 people.
Mr Hegseth added: “If you are a narco-terrorist smuggling drugs in our hemisphere, we will treat you like we treat al Qaeda. Day or NIGHT, we will map your networks, track your people, hunt you down, and kill you.”
While he did not provide any evidence that the vessel was carrying drugs, he did share a 20-second video that appeared to show a boat being hit by a projectile before exploding.
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Footage of a previous US strike on a suspected drugs boat earlier this week
Speaking during a White House press conference last week, Donald Trump argued that the campaign would help tackle the US’s opioid crisis.
“Every boat that we knock out, we save 25,000 American lives. So every time you see a boat, and you feel badly you say, ‘Wow, that’s rough’. It is rough, but if you lose three people and save 25,000 people,” he said.
On Thursday, appearing at a press conference with Mr Hegseth, Mr Trump said that it was necessary to kill the alleged smugglers, because if they were arrested they would only return to transport drugs “again and again and again”.
“They don’t fear that, they have no fear,” he told reporters.
The attacks at sea would soon be followed by operations on land against drug smuggling cartels, Mr Trump claimed.
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“We’re going to kill them,” he added. “They’re going to be, like, dead.”
Some Democratic politicians have expressed concerns that the strikes risk dragging the US into a war with Venezuela because of their proximity to the South American country’s coast.
Others have condemned the attacks as extrajudicial killings that would not stand up in a court of law.
Jim Himes, a member of the House of Representatives, told CBS News earlier this month: “They are illegal killings because the notion that the United States – and this is what the administration says is their justification – is involved in an armed conflict with any drug dealers, any Venezuelan drug dealers, is ludicrous.”
He claimed that Congress had been told “nothing” about who was on the boats and how they were identified as a threat.
A convicted child killer executed in Tennessee showed signs of “sustained cardiac activity” two minutes after he was pronounced dead, his lawyer has claimed.
Byron Black, who shot dead his girlfriend Angela Clay and her two daughters, aged six and nine, in a jealous rage in 1988, was executed in August by a lethal injection.
Alleged issues about his case were raised on Friday as part of a lawsuit challenging the US state‘s lethal injection policies, amid claims they violate both federal and state constitutional bans on cruel and unusual punishment.
The latest proceedings in Nashville were held to consider whether attorneys representing death row inmates in the lawsuit will be allowed to depose key people involved in carrying out executions in Tennessee.
There were fears that the device would shock his heart when the lethal chemicals took effect.
The Death Penalty Information Center, which provides data on such matters, said it was unaware of any similar cases.
Seven media witnesses said Black appeared to be in discomfort during the execution. He looked around the room as the execution began, and could be heard sighing and breathing heavily, the AP news agency reported at the time.
An electrocardiogram monitoring his heart recorded cardiac activity after he was pronounced dead, his lawyer Kelley Henry told a judge on Friday.
Ms Henry, who is leading a group of federal public defenders representing death row inmates in the US state, said only the people who were there would be able to answer the question of what went wrong during Black’s execution.
“At one point, the blanket was pulled down to expose the IV,” she told the court.
“Why? Did the IV come out? Is that the reason that Mr Black exclaimed ‘it’s hurting so bad’? Is the EKG (electrocardiogram) correct?”
A full trial in the case is scheduled to be heard in April.
Donald Trump begins bulldozing much of the White House as his plans to build a mega ballroom begin – without planning permission, nor true clarity as to how it’s all being funded.
There are aesthetic questions, historical questions and ethical questions. We dig into what they are.
And – who is the young Democratic socialist about to become New York City’s first Muslim mayor? We tell you everything you need to know about Zohran Mamdani.
You can also watch all episodes on our YouTube channel – and watch David Blevins’ digital video on the White House ballroom here.
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