Last week, the Supreme Court ruled Mifepristone can remain on the market for now. Here's the status in DC, MD, and VA.
reduced the number of visits a patient had to make from three to one and increased the gestation period eligible from seven weeks to ten.requested a stay
of Kacsmaryk’s ruling with the Fifth Circuit Court of Appeals. The Fifth Circuit court ruled that Mifepristone could remain on the market, but maintained the repeal of the 2016 changes, explains Melissa Wasser, policy counsel for ACLU DC. The DOJ again appealed this decision, this time to the Supreme Court. After a week offrom the Supreme Court, it handed down a ruling on April 21 that said the drug can remain on the market while the merits of the case are argued in lower courts.
DC is a member of a coalition in an opposing “mirror lawsuit” in Washington State. In that case, 17 states and DC filed a suit to protect FDA approval of Mifepristone. A Ninth Circuit judge in that case ruled in the coalition’s favor. If the Fifth Circuit court orders the FDA approval of the drug be retracted, there will be a “circuit split,” which Wasser says makes it incredibly likely that the case will return to the Supreme Court.
In preparation of a possible national ban, there’s not much the DC government can do. DC lacks a representative with the power of a governor, who can order the drug to be stockpiled. DC currently has not created a stockpile of Mifepristone. Congressional oversight—with Congress currently under GOP control—also rules out passing legislation that would protect access.
A spokesperson for DC Councilmember Christina Henderson, who chairs the health committee, says she is aware of the issue and isWashingtonian’sprotecting access to Mifepristone. Maryland is a member of the coalition of 17 states and DC, and has been stockpiling Mifepristone.
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