Red States Wading Into Abortion Pill Row Test Justices’ Posture

Feb. 15, 2024, 10:05 AM UTC

Idaho, Kansas, and Missouri’s request to intervene in conservative doctors’ Supreme Court case aimed at striking down FDA safety decisions on the abortion drug mifepristone has broader ramifications, litigation watchers say.

“District court intervention is pretty common. But at the Supreme Court, almost never,” said Alan Morrison, Lerner Family Associate Dean for Public Interest & Public Service at George Washington University’s law school.

The Biden administration is appealing a US Court of Appeals for the Fifth Circuit decision that would block mifepristone from being mailed and taken as far as 10 weeks into a pregnancy. A core question before the ...

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