US President Joe Biden’s administration announced today that it will appeal to the Supreme Court, seeking to preserve access to medical abortion.

The government “will defend the scientific judgment” of the federal Food and Drug Administration (FDA), which approved the use of mifepristone more than 20 years ago, Attorney General Merrick Garland said.

A judge from Amarillo, Texas, known for his ultraconservative views, initially suspended the drug’s FDA approval at the federal level. Soon after, the three-judge federal appeals court in New Orleans suspended the implementation of this decision, but kept some of the restrictions: women who wish to use this pill must visit their doctor three times and must not have passed the 7th week of pregnancy. At the same time, it was forbidden to send the medicine by post.

This decision could have huge implications for access to abortion: in combination with another drug, mifepristone is used for more than half of the abortions performed annually in the US.

“Unprecedented Decision”

Texas Judge Matthew Kasmeric, appointed to the post by former President Donald Trump, ruled that mifepristone poses a risk to women’s health and gave the government a week to appeal. The federal government did appeal to the New Orleans Court of Appeals to overturn the “unprecedented” Kasmerik ruling, noting that more than 5 million women have used mifepristone since it was approved by the FDA in 2000. It argued that since used properly, serious side effects are extremely rare.

However, the Court of Appeals decision only partially vindicated the administration of the Democratic president.

Now, the Supreme Court, which has a majority of conservative judges, is called upon to rule on the matter. Last June, the same court struck down the constitutional right to abortion, which led to its ban in about 15 states.

The future of medical abortion is therefore in doubt.