The court’s three liberal judges said they would have rejected the Trump administration’s request for a suspension. In a dissenting opinion, Justices Sonia Sotomayor and Elena Kagan said federal government rules limiting the dispensing of the abortion pill, mifepristone, are medically unnecessary and present “an unnecessary, unjustifiable, irrational and undue burden” on women .
“Government policy now allows patients to receive prescriptions for potent opioids without leaving their homes, while requiring women to go to a doctor to take mifepristone, turn around, go home and ingest it without leaving home. surveillance, ”they wrote. They said the Trump administration had failed to prove how he would be harmed by allowing the courier delivery of the pills to continue while the courts weighed the merits of the case.
A shorthanded Supreme Court in October refused to intervene in the same case. This allowed abortion clinics to continue distributing the pills through telemedicine and mail, which they say has kept patients and staff safe during the pandemic.
The Trump administration has asked the Supreme Court to reconsider its request after Barrett joined the bench. The administration said continuing to enforce the longstanding FDA rules on mifepristone, approved 20 years ago, “does not create a substantial burden on access to abortion.”
The American Civil Liberties Union, which represented abortion clinics challenging FDA rules, said no evidence emerged during the pandemic showing that it is riskier for patients to receive the pills at home. rather than in a clinic. In a December filing with the Supreme Court, the group argued that with the outbreak of the virus across the country, reinstating the rules “would expose patients to unnecessary and serious health risks.”