The Trump administration is asking the Supreme Court docket a second time to reinstate a rule that ladies should choose up an abortion capsule in particular person throughout the COVID-19 pandemic.
The request to the excessive courtroom Tuesday comes simply over a month earlier than President Donald Trump leaves workplace. The rule has been on maintain since July due to the pandemic and the brand new administration may droop it throughout the public well being emergency after Joe Biden takes workplace in January.
The administration has suspended related in-person visits for different medicine, together with opioids in some circumstances, however refused to chill out the foundations for getting the abortion capsule.
Final week, a federal choose turned away the administration’s arguments, saying public well being dangers for sufferers solely have grown worse as COVID-19 circumstances have set data nationwide.
The event of vaccines and enchancment in remedies for the virus haven’t but “meaningfully altered the present well being dangers and obstacles to ladies searching for remedy abortions,” U.S. District Choose Theodore Chuang wrote.
Since July, Chuang’s order has briefly prohibited the U.S. Meals and Drug Administration from imposing the requirement that a lady go to a hospital, clinic or medical workplace to acquire the drug mifepristone throughout the pandemic.
The FDA permitted mifepristone for use together with a second drug, misoprostol, to finish an early being pregnant or handle a miscarriage.
In October, the Supreme Court docket allowed ladies to proceed getting the abortion capsule by mail, however deferred any substantive ruling.
In its Supreme Court docket submitting Tuesday, the administration mentioned, “The district courtroom’s preliminary injunction is stopping FDA from imposing necessary, longstanding security necessities.”
The American School of Obstetricians and Gynecologists and different teams sued HHS and the FDA in Could to problem the rule. The American Civil Liberties Union represents the teams.
“Their entire conduct all through this litigation has been terribly aggressive,” mentioned ACLU lawyer Lorie Chaiten, including that the administration has made it simpler to acquire “medicine with far higher threat, which might be far much less secure than mifepristone due to issues about journey throughout the pandemic.”