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The Supreme Court has left the case in the hands of the 5th U.S. Circuit Court of Appeals, which has scheduled oral arguments in the case for May 17.
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The announcement kicks the can down the road on what the high court will do for another few days. Mifepristone is used in about half of all abortions nationwide.
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Supreme Court Justice Samuel Alito has placed a hold on a lower court ruling that restricts access to the abortion drug mifepristone until Wednesday night.
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The Justice Department is seeking emergency relief from the U.S. Supreme Court in a Texas case involving limited access to the abortion drug mifepristone.
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The Biden administration had asked the higher court to stay a decision from a Texas judge while the appeal plays out.
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Abortion rights supporters say the ruling will have wide-ranging repercussions for Texans, who already face extreme barriers to accessing reproductive care.
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A federal judge in Texas stayed the FDA's approval of the drug mifepristone, while a federal judge in Washington state blocked any FDA change in access.
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On its opening weekend last month, Whole Woman's Health had 23 appointments; 21 of them were for Texans.
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In the first lawsuit of its kind since Roe v. Wade was overturned, a husband seeks damages from women who helped his ex-wife obtain the medications to terminate her pregnancy.
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Five of the plaintiffs were denied abortions despite being diagnosed with conditions that put their lives at risk.