The court's action sets up a collision between the Food and Drug Administration's 23-year study and supervision of mifepristone, and the circumstances under which it can be prescribed.
A federal appeals court would restrict the use of mifepristone, a pill used in medication abortions. But previous action by the Supreme Court means the status quo holds for now.
The latest Gallup poll also finds increased political polarization. Some 60% of Democrats said abortion should be legal under any circumstances, compared with 8% of Republicans.
While a Supreme Court order continues to ensure the drug is still widely available, the issue returned Wednesday to the Fifth Circuit Court of Appeals as lawyers for both sides urged the court to act.
Anthony Comstock pushed Congress to crack down on what he saw as harmful vices, such as pornography and contraception. An 1873 law named for him has appeared in recent court battles over abortion.
A judge in Texas issued a ruling that could severely restrict mifepristone access in the U.S., making the future of a drug used in about half of American abortions uncertain.
As the debate over mifepristone makes its way to the Supreme Court, the pharmaceutical industry has raised concerns that ruling against the FDA could chill the development of new drugs.
A Texas judge ruled that the Food and Drug Administration wrongly approved mifepristone in 2000 and accused it of doing a rush job. Here's what really went down.