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OF ITS BIGGEST CASES OF THE TIRM ON TUESDAY. IT CENTERS AROUND MIFEPRISTONE, ONE OF THE MOST COMMONLY USED ABORTION PILLS THE FOOD AND DRUG ADMINISTRATION APPROVED MIFEPRISTONE IN 2000 AND OVER THE YEARS, THE FDA HAS TAKEN STEPS TO EXPAND ACCESS, ALLOWING DOCTORS TO PRESCRIBE IT VIA TELEHEALTH APPOINTMENTS. FOR EXAMPLE, LAST YEAR, THOUGH, A US DISTRICT JUDGE IN TEXAS TOOK ISSUE WITH THE FDA’S ORIGINAL APPROVAL. HE ALSO CHALLENGED THE LATER MOVES THAT EXPANDED ACCESS TO THE DRUG. A COURT DEEMED IT WAS TOO LATE TO OVER TURN THE FDA’S OVERALL APPROVAL OF MIFEPRISTONE. BUT THE CASE AGAINST THE EXPANDED ACCESS IS MOVING FORWARD TO THE NATION’S HIGH COURT. AMY HOWE COVERS THE SUPREME COURT, JOINS ME IN STUDIO. USUALLY WE DO THIS REMOTELY, BUT IT’S SO NICE TO HAVE YOU IN OUR HOME. THANKS FOR JOINING ME. THANKS FOR HAVING ME. I FEEL LIKE EVERY TIME I TALK TO YOU, IT’S LIKE, WHAT IS THIS REALLY ABOUT? WHAT ARE THEY ACTUALLY ARGUING OVER? SO THIS IS A VERY TECHNICAL CASE ABOUT THE FDA. WHEN IT DECIDED TO EXPAND ACCESS TO MIFEPRISTONE, WHAT IT DID OR DIDN’T LOOK AT IN TERMS OF EVIDENCE ABOUT THE SAFETY OF THESE CHANGES IS CHANGES LIKE MAKING MIFEPRISTONE AVAILABLE THROUGH THE 10TH WEEK OF PREGNANCY INSTEAD OF THE SEVENTH, ALLOWING IT TO BE PRESCRIBED BY TELEHEALTH APPOINTMENTS AND THEN ALLOWING HEALTH CARE PROVIDERS WHO AREN’T PHYSICIANS TO PRESCRIBE THE DRUG. AND SO THE THE FIFTH CIRCUIT SAID THAT WHEN IT MADE THESE CHANGES IN 2016, THE FDA DIDN’T CITE A STUDY T THAT LOOKED AT THE CUMULATIVE EFFECT OF ALL OF THESE CHANGES AND WHETHER OR NOT IT WOULD STILL BE SAFE TO TO TAKE MIFEPRISTONE. IN LIGHT OF ALL OF THESE CHANGES, THE BIDEN ADMINISTRATION AND DANCO, WHICH IS THE MANUFACTURER OF MIFEPRISTONE, SAID, YOU KNOW, FIRST OF ALL, THAT WE DID CITE SUCH A STUDY, BUT MORE BROADLY THAT THE FDA REASONABLY CONCLUDED THAT THERE WERE NO SAFETY PROBLEMS BASED ON ALL OF THE EVIDENCE THAT IT HAD BEFORE THIS IS NOT A CONSTITUTIONAL QUESTION. THIS IS A VERY TECHNICAL QUESTION ABOUT THE FDA’S DECISION THAT IT WAS SAFE TO MAKE THESE CHANGES TO MIF TO MIFEPRISTONE USE, AND IS THERE AN ULTIMATE GOAL THIS WAS A CASE THAT CAME AFTER DOBBS AND SO IF YOU REMEMBER IN DOBBS, THE SUPREME COURT SAID THERE’S NOT A CONSTITUTIONAL RIGHT TO AN ABORTION. AND SO YOU KNOW, I THINK 21 STATES AND NOW HAVE LAWS IN PLACE THAT EITHER BAN OR, YOU KNOW, SIGNIFICANTLY RESTRICT ACCESS TO ABORTION. SO THAT MEANS THERE’S A LOT OF STATES WHERE ABORTION IS STILL LEGAL, BUT MEDICATION ABORTION IS USING MIFEPRISTONE ACCOUNT FOR MORE THAN HALF OF ALL ABORTIONS IN THE UNITED STATES. AND SO THIS WOULD MAKE IT MORE DIFFICULT TO USE MIFEPRISTONE IN THE STATES WHERE ABORTION IS STILL LEGAL. SO ULTIMATELY, IT’S AN OBSTACLE TO WOMEN WHO ARE TRYING TO GET AN ABORTION, EVEN IN STATES WHERE THEY’VE SAID, HEY, WE’RE SAFEGUARDING YOUR RIGHT TO AN ABORTION. THAT’S RIGHT. I KNOW ANOTHER ONE OF THE FRIEND OF THE COURT BRIEF SAID, EVEN IN THE STATES THAT THAT PROTECT THE RIGHT TO AN ABORTION, THERE ARE AREAS WHERE IT’S DIFFICULT. YOU MIGHT HAVE TO TRAVEL, FOR EXAMPLE, TO OBTAIN A SURGICAL ABORTION. AND SO WOMEN RELY ON THE AVAILABILITY OF MEDICATION ABORTIONS TO OBTAIN ABORTION CARE. AND THIS WOULD MAKE THAT HARDER. AND THEN DO YOU THINK THERE’S AN IMPACT FOR THE FDA AS A WHOLE, EVEN OUTSIDE OF THE ABORTION ISSUE? SO THERE POTENTIALLY IS AN IMPACT FOR THE FDA AS A WHOLE. AND DANCO, WHICH IS THE MANUFACTURER OF MIFEPRISTONE, SAYS, LOOK, DRUG MANUFACTURERS, OTHERS HAVE RELIED ON THE FACT THAT WHEN THE FDA APPROVES A DRUG, THEN COURTS AREN’T GOING TO COME ALONG AND SORT OF WILLY NILLY OVER TURN THAT APPROVAL. AND THIS WOULD OVERTURN ON THAT EXPECTATION. THEY SAY IT WOULD BE VERY DESTABILIZING FOR THE DRUG INDUSTRY. THERE’S ALSO A FRIEND OF THE COURT BRIEF FROM PATIENT ADVOCACY GROUPS LIKE THE AMERICAN CANCER SOCIETY THAT SAY THAT THIS CASE, IF THE SUPREME COURT WERE TO UPHOLD THE LOWER COURT’S DECISION, WOULD BE A ROAD MAP TO SORT OF LITIGATE THESE FUTURE CHALLENGES. AND IT COULD BE THINGS LIKE THE FDA DECIDES TO TAKE A DRUG THAT HAD BEEN AVAILABLE ONLY BY PRESCRIPTION AND MAKE IT AN OVER-THE-COUNTER DRUG. THEN SOMEONE COULD GO TO COURT AND TRY TO CHALLENGE THAT. AND AND THEY COULD FOLLOW ESSENTIALLY THIS ROAD MAP. AMY HOWE, ALWAYS NICE TO HAVE YOU. AN