Supreme Court Won’t Intervene (Yet) To Stop Abortion Pills From Being Prescribed Remotely
The U.S. Supreme Court won’t intervene to stop abortion drugs from being remotely prescribed during the COVID-19 pandemic. Typically, abortion-inducing medications must be prescribed and dispensed in person and by a physician, per the rules of the Food and Drug Administration (FDA). But in July, a federal district court temporarily suspended that requirement.
The Trump administration then challenged the decision, which had been written by Judge Theodore Chuang of the U.S. District Court for the District of Maryland. Chuang argued that requiring the (medically unnecessary) in-person visit during a pandemic and lockdown was likely unconstitutional, as it would “place a substantial obstacle in the path of women seeking a medication abortion.”
In an October 8 response, the Supreme Court said it would not give its “views on the merits of the District Court’s order or injunction,” but it asked the District Court “to promptly consider a motion by the Government to dissolve, modify, or stay the injunction, including on the ground that relevant circumstances have changed.” It gave the district court 40 days to do so.
The Court’s response in the case (FDA v. American College of Obstetricians and Gynecologists) “was unusual in that it neither granted nor denied the government’s request,” notes Reuters.
Justices Samuel Alito dissented, with Clarence Thomas joining him.
For more on what it all means, see Josh Blackman at The Volokh Conspiracy (“Making Sense of FDA v. American College of Obstetricians and Gynecologists“) and Amy Howe at SCOTUSblog (“Justices delay action on FDA request to reinstate abortion-pill restrictions“).
Trump says he plans to hold rallies despite lack of a negative COVID-19 test. On Thursday, President Donald Trump told Fox’s Sean Hannity he had not been tested to see if he was negative for the coronavirus since his positive diagnosis, saying “probably the test will be tomorrow.” He also announced plans to hold an in-person rally Saturday night in Florida, and perhaps one in Pennsylvania on Sunday. For the sake of everyone’s health
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