Supreme Court further delays ruling on access to abortion pill

In a brief order, the Supreme Court continued to place on hold a trial judges ruling blocking the FDAs approval of mifepristone, one of two drugs used in medication abortions. Wednesdays order extends the courts administrative stay i.e., a stay designed to give the justices time to consider the request of the trial judges ruling until Friday at midnight. The justices are extremely likely to issue a further ruling before the administrative stay expires.

A court of appeals already put part of the trial judges ruling on hold. But the Biden Administration and the drugs manufacturer asked the Supreme Court to block it entirely. That is the request now pending before the justices.

The courts extension of its administrative stay is unusual. That suggests that exchanges are ongoing between the justices. For example, the court could be preparing its own opinion or nuanced stay order. Or one or more justices may be writing opinions supporting or dissenting from a stay ruling. 

The court has several options before it, both with respect to the stay and with how the appeal of the trial courts ruling proceeds. Regarding the stay, the Supreme Court could entirely block the trial judges ruling or permit it to go forward, or adopt some middle ground as the court of appeals has. Regarding the appeal, the justices could allow the case to proceed in the court of appeals or take the case up themselves immediately.