GenBioPro, the manufacturer of a generic version of the abortion pill mifepristone, sued the Food and Drug Administration on Wednesday to prevent the drug from being taken off the market. The lawsuit comes amid the U.S. Supreme Court debating placing restrictions on mifepristone— which could include revoking the generic form’s FDA approval—in a ruling expected as soon as Wednesday. In the federal lawsuit filed in Maryland, GenBioPro said that it is suing to prevent the FDA “from depriving GenBioPro of its constitutional and statutory right to market mifepristone,” a move that it says would cause “catastrophic harm to the company” and patients who rely on the pill. A temporary stay was issued by the Supreme Court that preserves access to the drug. That stay expires at 11:59 p.m. ET, however, unless the court intervenes. If it doesn’t and the stay expires, multiple restrictions would be imposed on mifepristone, including a ban on distributing the pills by mail.
