The Supreme Court has given itself until 11:59 p.m. on Friday to decide whether a Texas U.S. district judge’s ruling that found the abortion drug Mifepristone unsafe should stand.
The ruling calls to end the availability of the drug approved by the FDA and used by millions of women for more than 20 years.
KPRC 2 Legal Analyst Brian Wice says the delay gives the Court 48 hours to review a request by the Department of Justice to block the Texas judge’s ruling.
He believes the delay could signify that one side of the argument has the upper hand.
”The fact that the Department of Justice has succeeded tells me that they probably have the upper hand, [and] that they are the higher-rated seed in this contest,” said Wice.
Wice says the Court could choose to go several ways on Friday.
”I believe that the Supreme Court will keep the stay in effect come Friday and will agree to hear this matter before the 5th Circuit weighs in on the merits [and] fast track it, so that we can have a decision before the end of the Court’s term at the end of June, or the first week of July the latest,” he said.
If the Texas ruling is allowed to stand, it would impact states where abortion is banned and where it is legal.
The Department of Justice argues the change denies lawful access to a drug the FDA has already deemed safe and effective.