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Last Thursday, the Supreme Court temporarily halted the appeals court rulings. For the time being, this restriction has allowed the medicine to stay widely available.
But, the Supreme Court might decide whether to lift the ban or keep it in place pending further legal challenges to the rulings as early as Wednesday.
In a recent legal brief, GenBioPro petitioned the Supreme Court to overturn lower court orders that would halt the FDA’s approval of its generic version of mifepristone.
“These circumstances are unprecedented,” GenBioPro’s lawyers stated in a lawsuit filed Wednesday in Maryland.
“No court in history has ever’stayed’ or’suspended’ a longstanding FDA approval, and the FDA has no blueprint for reacting to—or enforcing—those rulings,” GenBioPro’s attorneys argued.
A recent judgment by Judge Thomas Rice in the United States District Court for the Eastern District of Washington prohibits the FDA from restricting access to mifepristone in 17 states and Washington, D.C.
GenBioPro, a maker of abortion pills, has asked a federal court in the United States to keep generic mifepristone on the market.
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