Supreme Court Dismisses Challenge to Abortion Drug Mifepristone
In a significant decision, the Supreme Court has dismissed a challenge to the abortion drug mifepristone, marking a pivotal moment two years after the nationwide right to abortion was rescinded. Pro-choice activists have welcomed the ruling.
The justices concluded that the plaintiffs, comprising anti-abortion doctors and activists, lacked the legal standing to sue. However, they hinted that future attempts to restrict the drug’s availability could still be pursued. Mifepristone, a key component of the most common method for terminating pregnancies in the US, remains a focal point in the ongoing abortion debate.
The plaintiffs, known as the Alliance for Hippocratic Medicine, argued for the withdrawal of the FDA’s approval of mifepristone. During the March hearings, several justices expressed skepticism about whether the plaintiffs had suffered any harm from the drug’s availability, a necessary criterion for legal standing.
Justice Brett Kavanaugh, writing for the court, noted the plaintiffs’ strong objections to elective abortion and the FDA’s relaxed regulations. However, he pointed out that their desire to limit the drug’s availability did not constitute an actual injury, which is required to sue.
This ruling comes after the Supreme Court’s landmark decision in June 2022 to overturn Roe v. Wade, effectively ending federal protections for abortion. Since then, 21 states have moved to impose stricter abortion regulations, with 17 banning the procedure at six weeks or earlier.
Thursday’s decision does not affect these state laws; medication abortions remain illegal where abortion is prohibited. However, abortion pills have become a crucial workaround, with many pills being sent through the mail to restrictive states.
Pro-choice advocates view the decision as a cautious victory, preserving access to abortion pills for now. Nevertheless, they caution that the battle over these medications is far from over, with ongoing legal challenges in states like Missouri, Kansas, and Idaho.
Nancy Northup, president of the Center for Reproductive Rights, emphasized that this ruling maintains the status quo rather than being a definitive win for abortion rights. President Joe Biden echoed this sentiment, underscoring that the fight for reproductive freedom continues and highlighting the high stakes for women across America.
Opponents of the ruling, including Katie Daniel of Susan B. Anthony Pro-Life America, expressed disappointment, asserting that efforts to stop mail-order abortion drugs will persist.
Abortion is poised to be a major issue in the upcoming elections, posing a dilemma for some Republicans who must balance the views of an anti-abortion base with a broader electorate that largely supports access to the procedure.
Former President Donald Trump, likely the Republican presidential nominee, has recently suggested his party find a compromise, advocating for exceptions in cases of life-threatening pregnancies, rape, and incest.
The FDA approved the two-drug regimen for use up to 10 weeks of pregnancy in 2000. Since 2016, the agency has eased access, allowing virtual consultations and mail-order prescriptions. These changes were central to the recent court case.
According to the Guttmacher Institute, medication abortions now account for nearly two-thirds of all abortions in the US. Last year, over a million pregnancies were terminated, the highest number in more than a decade. The FDA, along with other medical organizations, continues to affirm the safety of mifepristone and misoprostol, with studies showing a 95% effectiveness rate and minimal need for further medical follow-up.
