Supreme Court extends nationwide abortion pill access through Friday

Prime Minister Justin Trudeau has told NATO officials privately that Canada will never meet the military alliance’s defense spending target, according to a leaked secret Pentagon assessment obtained by The Washington Post. The document’s anonymous authors say Canada’s “widespread” military deficiencies are harming ties with security partners and allies.

The Supreme Court on Wednesday gave itself more time to decide whether a key drug that has been used by millions of women to terminate early pregnancies should remain available nationwide, its first major abortion-related controversy since overturning Roe v. Wade’s constitutional guarantee of abortion rights last year.

Justice Samuel A. Alito Jr., who had earlier put on hold until 11:59 p.m. Wednesday a lower court’s decision that imposed additional restrictions on the use of mifepristone, extended the stay until Friday.

The justices are considering a decision of the U.S. Court of Appeals for the 5th Circuit that rolled back the FDA’s actions since 2016 — allowing patients to get mifepristone through the mail, authorizing prescriptions by medical professionals other than doctors and approving the drug’s use up to 10 weeks into a pregnancy, instead of seven.

The document, which has not been previously reported on, says “enduring” defense shortfalls led the Canadian Armed Forces to assess in February that it “could not conduct a major operation while simultaneously maintaining its NATO battle group leadership [in Latvia] and aid to Ukraine” — and that the situation was not “likely” to change without a shift in public opinion.

The United States and Canada, neighbors and close NATO allies, share responsibility for defending the continent as partners in the North American Aerospace Defense Command, or NORAD. Washington has long pressed Ottawa to boost its spending on defense and hasten plans to upgrade military capabilities and infrastructure in the Arctic, where officials in both countries warn that Russia and China are being more assertive.

The appeals court action followed U.S. District Judge Matthew Kacsmaryk’s recent ruling in Texas to undo the FDA’s approval of mifepristone more than two decades ago. More than 5 million women have since used the drug — in combination with a second pill, misoprostol — to end their pregnancies.

The Biden administration, pharmaceutical companies and abortion rights groups called the legal challenges to mifepristone from anti-abortion groups an unprecedented attack on the expertise of the FDA, which relied on data from dozens of clinical trials when it approved the drug. They argued the lower court rulings would create confusion and uncertainty for abortion providers and have devastating consequences for the pharmaceutical industry’s ability to bring new drugs to market.

But the document, part of a trove of classified material leaked to the Discord messaging app, allegedly by a member of the Massachusetts Air National Guard, offers new insight into dissatisfaction and concern in the United States and beyond about Canadian defense policy and priorities.

“Widespread defense shortfalls hinder Canadian capabilities,” the document says, “while straining partner relationships and alliance contributions.”

The assessment, which bears the seal of the U.S. Joint Chiefs of Staff, says Germany is concerned about whether the Canadian Armed Forces can continue to aid Ukraine while meeting its NATO pledges. Turkey is “disappointed” by the Canadian military’s “refusal” to support the transport of humanitarian aid after February’s deadly earthquake, the document says, and Haiti is “frustrated” by Ottawa’s reluctance to lead a multinational security mission to that crisis-racked nation.

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The challengers, an association of anti-abortion doctors and others, said the FDA had succumbed to political pressure in approving the drug and then lifting restrictions over its use.

Since February 2022, Canada has provided Ukraine more than $1 billion of military aid, including armored vehicles, ammunition, a surface-to-air missile system that it sourced from the United States and eight German-made Leopard II tanks that it transferred to Poland for delivery to Ukraine. The Canadian Armed Forces has trained more than 36,000 Ukrainian military and security personnel since 2015 and leads a NATO battle group in Latvia.

But some NATO members are “concerned” that Canada has not increased the number of personnel deployed to Latvia, the document states, despite a pledge last year to do so. NORAD finds that the Canadian Armed Forces lacks “significant Arctic capabilities, and modernization plans have not materialized despite multiple public statements.”

“For nearly a quarter-century,” the antiabortion doctors said in their filing to the Supreme Court, the FDA and the manufacturer of mifepristone “have brazenly flouted the law and applicable regulations, disregarded holes and red flags in their own safety data, intentionally evaded judicial review, and continually placed politics above women’s health.”

A Pentagon spokesman declined to address the contents of the assessment. He told The Post that the “bond” between the two countries “remains close.”

The legal and political battle over access to abortion medication has intensified since the Supreme Court overturned Roe, in part because, even as more than a dozen states have banned or severely restricted abortion, the pills can still be prescribed through telehealth appointments and mailed directly to patients.

The group behind the Texas challenge, the Alliance for Hippocratic Medicine, filed the lawsuit in Amarillo, where Kasmaryck, a nominee of President Donald Trump with long-held antiabortion views, is the sole sitting judge. The group has a mailing address in Tennessee, records show, and incorporated in Texas several months before submitting its legal challenge.