Four of the court’s nine justices would have to vote to hear a case for oral arguments on a petition for certiorari to be scheduled.
The pill has remained available during the appeal process, but the 5th U.S. Circuit Court of Appeals restricted its use, saying it could not be distributed via mail, which the federal government had attempted to do. Adam Feldman, Supreme Court scholar and creator of EmpiricalSCOTUS blog, said various groups are interested in this case and whether the high court should weigh in.
A lower court upheld the school’s policy, but the parents have asked the high court to review it following the justices striking down affirmative action at universities earlier this year.
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