WASHINGTON, D.C., June 14, 2024 — In a unanimous decision yesterday, the Supreme Court rejected a lawsuit aimed at restricting access to the abortion pill mifepristone. The suit, brought by a group of doctors and anti-abortion organizations, claimed that the FDA had failed to adequately consider safety concerns, thereby endangering women’s health.
Mifepristone, which is used in over 60% of abortions in the United States, has been proven safe and effective. However, concerns arose that the conservative-majority court might limit access to the drug following its 2022 decision to overturn Roe v. Wade. Writing for the court, Justice Brett Kavanaugh stated that the plaintiffs, who do not prescribe mifepristone themselves, were not directly harmed by the FDA’s actions and thus lacked the standing to sue.
Despite the ruling preserving access to mifepristone, the drug remains illegal in 14 states that have enacted total abortion bans.
Implications of the Ruling
The Supreme Court’s decision does not indicate a shift in its stance on reproductive rights. The ruling focused on the plaintiffs’ lack of standing rather than the legality of the FDA’s regulation of mifepristone. This leaves open the possibility that the court may consider future, more robust challenges against the drug.
Anti-abortion groups have already expressed their intention to file new lawsuits. Additionally, the Supreme Court is poised to rule later this month on a separate abortion case involving Idaho’s ban, which permits the procedure only when the patient’s life is at risk. The court appeared divided when it heard arguments for this case in April.
