The U.S. Supreme Court is hearing a dispute over access to the most commonly used abortion pill: Mifepristone. More than 5 million women seeking to end a pregnancy have taken the drug since its approval by the FDA 23 years ago, and more than half of abortions in the U.S. are medication abortions, according to the Centers for Disease Control and Prevention.
This is the first abortion case heard by the Supreme Court since it overturned Roe v. Wade in June of last year. The Biden Administration is partnering with Danco, the drug maker of Mifepristone, to challenge the ruling from the Fifth Circuit Court of Appeals that puts significant restrictions on access to Mifepristone.
(D-NV) U.S. Senator Catherine Cortez Masto is among the more than 250 congressional Democrats supporting the Biden Administration and Danco's appeal.
"I have watched Mitch McConnel and our former president (Donald Trump) stack the courts, both at the Federal level at the Supreme Court, with these far-right justices who think it's ok to take a woman's right to choose. We saw that with the rolled back Roe v. Wade, and we're seeing that play out across the country," said (D-NV) U.S. Senator Catherine Cortez Masto.
23 Democratic-led states and the District of Columbia are warning that if the 5th Circuit's decision is allowed to take effect, it will have far-reaching consequences on women's reproductive health, even in states like Nevada, where abortion remains legal.
"For the last 50 years, women were treated equally and had access to this. Now because this right-wing court decides to overturn Roe v Wade, we're seeing these further restrictions on women and their right to access essential healthcare," said (D-NV) U.S. Senator Catherine Cortez Masto.
While the Fifth Circuit ruled that the drug can stay on the market, it's challenging FDA changes in 2016, making it easier for patients to access the drug. If the Supreme Court agrees with the lower court's ruling, it would prohibit the drug from being ordered via telehealth and sent in the mail and would shorten the usage time from 10 weeks to seven, among other restrictions.
"This is a perfect example of a case now going to the United States Supreme again, and the court is going to weigh in on whether women can access essential medication that they need based on their doctor's advice," said Senator Cortez Masto.
We decided to gauge some different perspectives on this issue, and we reached out to Republican Assemblywoman Danielle Gallant, who is the Minority Leader for Southern Nevada Republican assembly members.
Gallant told us that when the Supreme Court reversed Roe v. Wade, they left abortion rights up to the states.
"It's important that we allow each state to decide what is right for their state. And, here in Nevada back in the nineties when (Congresswoman) Dina Titus was in the assembly of the Nevada Legislature, she really spearheaded a ballot initiative that protected abortion up to 24 weeks, and the voters voted for it twice overwhelmingly," said (R) District 23 Assemblywoman Danielle Gallant.
Gallant explained that despite her personal views on reproductive rights, it's critical to accept the will of the people.
"Abortion has been protected since the early 90s up to 24 weeks, nobody can change that from the Governor on down. So, at this point, whether I agree with it or not, I do really support the voters, that one ounce of power they have to usurp the legislature," explained Assemblywoman Gallant.
The Supreme Court case will argue the case in the spring, with a decision likely by late June in the heart of the 2024 election. If the plaintiffs succeed, it will establish a new precedent challenging the FDA's approval of pharmaceutical drugs granted by Congress.
We have also reached out to several anti-abortion groups as well as the Alliance Defending Freedom, the Christian legal advocacy group leading the case. We will update this article if they get back to us.
