Supreme Court upholds FDA rule barring abortion drugs from being delivered by mail

Pro-lifers had reason to celebrate last week after the Supreme Court stepped in to re-establish a ban on abortions-by-mail.

According to Reuters, the ruling by the high court means women will need to visit a doctor or hospital in order to obtain abortion-inducing drugs, in accordance with regulations put in place by the Food and Drug Administration. Abortion advocates had fought to allow the pills to be delivered by mail amid the COVID-19 pandemic, and a federal judge issued an injunction in July against the FDA rule.

Thanks to the Supreme Court’s decision, the rule will now remain in effect as challenges to it make their way through the court system.

“Should not have intervened”

The Washington Free Beacon reported Wednesday that the ruling came down 6–3, with the majority arguing “that the lower courts should not have intervened to overturn the decision-making process of a federal agency devoted to public health issues.”

“[The] courts owe significant deference to the politically accountable entities with the ‘background, competence, and expertise to assess public health,'” Chief Justice John Roberts said, according to the Free Beacon.

In a dissent, Justice Sonia Sotomayor said the rule imposes an “unjustifiable, irrational, and undue burden on women seeking an abortion during the current pandemic,” according to Reuters.

“This country’s laws have long singled out abortions for more onerous treatment than other medical procedures,” Sotomayor, who was joined in her dissent by Justice Elena Kagan, added.

“Dangerous” drugs

But while the high court’s left-leaning jurists may feel otherwise, pro-life groups are cheering the decision.

Mallory Quigley, who serves as vice president of the pro-life Susan B. Anthony List, told the Washington Free Beacon that allowing abortion drugs by mail jeopardizes “the health and safety of women.”

“The pro-abortion lobby has consistently sought to further jeopardize the health and safety of women by pushing deregulation of dangerous abortion drugs,” she said.

“Planned Parenthood and the abortion lobby even sought to exploit the COVID-19 pandemic to push abortion by mail, promoting DIY abortion at home, upping the risk of serious complications,” Quigley added.

Katie Glenn, an attorney with Americans United for Life, expressed a similar sentiment. “Removing the in-person dispensing requirement increased the risk of serious health complications and the likelihood that the drug would be misused,” Glenn charged, according to Free Beacon.

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