Justice Thomas to Decide on Abortion Pill

A decision in the case of a pregnant woman who is challenging a federal ban on the French abortion pill RU486 is now in the hands of Supreme Court Justice Clarence Thomas.

The case wound up in Washington on Wednesday following a series of court decisions a day earlier. No ruling is expected until at least today, said Rachel Pine, an attorney for the Center for Reproductive Law and Policy.

Leona Benten, an American who brought the pills here from England on July 1, is nearly eight weeks’ pregnant. Her attorneys say she can only use the pills until Saturday, because after eight weeks it is not safe to take the pills.

Benten refuses to be interviewed, Pine said. But she said the combination of the impending deadline and continued delays were disconcerting to Benten.

“She’s in California, at home. She’s very upset with the delay. If this drags on another week, justice delayed becomes justice denied for Leona Benten,” Pine said.

The pill, developed by the French pharmaceutical company Roussel Uclaf, causes a fertilized egg to be expelled before it can be implanted in the uterine wall.

The confiscated pills remain in the custody of U.S. Customs officials, who seized them after Benton arrived from England at Kennedy International Airport. The Center for Reproductive Law and Policy sued on Benten’s behalf.

Abortion Rights Mobilization arranged Benten’s trip and alerted authorities to her arrival to challenge the Food and Drug Administration’s policy against the pill.

A federal judge ruled Tuesday that the government had political motivations when it illegally seized the drug, and ordered it returned to Benten immediately. But a three-judge panel of the U.S. 2nd Circuit Court of Appeals granted a government request to block the ruling, pending further appeals.

A request to lift the stay was filed Wednesday at the U.S. Supreme Court, a court spokeswoman said. Thomas can act alone or refer the matter to the full court.

All the justices are assigned to receive appeals from a circuit. Thomas is assigned appeals from the 2nd Circuit in New York.