The abortion pill will remain authorized in the United States for the time being after a judgment by a federal court of appeal, which however decided to strongly restrict its conditions of access.
Three visits to the doctor, an authorization limited to the first seven weeks of pregnancy, a ban on sending the pill by post, …: a panel of three judges based in the conservative South set strict conditions on Wednesday evening for the distribution of mifepristone.
But the future of this pill, at the center of bitter legal battles, should ultimately be decided before the Supreme Court.
All of this with potentially immense consequences for access to abortion. Combined with another stamp, mifepristone, authorized more than 20 years ago by the American Medicines Agency (FDA, Food and Drug Administration), is used for more than half of abortions in the United States.
” Unprecedented “
Last week, a judge appointed by Donald Trump, known for his ultraconservative views, withdrew his marketing authorization. Despite the scientific consensus, he considered that mifepristone posed risks to the health of women and suspended its authorization for the entire United States.
He had provided for a one-week delay before his decision would apply, in order to give the federal government time to appeal.
The government of Democratic President Joe Biden had asked a New Orleans appeals court to intervene to block the “extraordinary and unprecedented” judgment of Judge Matthew Kacsmaryk, “pending the substantive review” of the case. .
In its appeal, the government recalled that more than 5 million women have used mifepristone, combined with another tablet, since its authorization by the FDA in 2000. When taken correctly, serious side effects are extremely rare, pleaded -he.
Conservative Supreme Court
The decision of the court of appeal does not, however, give reason to the Biden government, since it considerably limits access to this pill.
“Everyone should be deeply concerned about the effect this decision will have on their health, their lives, and those of their loved ones,” warned the powerful civil rights association ACLU.
The decision will not completely satisfy opponents of voluntary terminations of pregnancy, who are campaigning for its total ban.
It is therefore extremely likely that the Supreme Court will be seized to decide on this case.
The spokeswoman for the White House, Karine Jean-Pierre, also indicated Thursday that the executive intended to “continue to fight in court”. “We believe the law is on our side, and we will prevail. »
Since its reshuffle by Donald Trump, the Supreme Court is now dominated by conservatives. It is this institution which had canceled last June the constitutional protection of abortion, provoking its prohibition in fifteen States.
The future of this cachet is therefore very uncertain.
At the same time, a coalition of Democratic states went to another court at the end of February to try to preserve this pill.
Less than an hour after Judge Kacsmaryk’s decision, one of his colleagues, Judge Thomas Rice, appointed by Barack Obama and sitting in the State of Washington, had found that mifepristone was “safe and effective” and had prohibited the FDA to withdraw its approval in the 17 appealing states.