Washington, D.C./ Politics & Govt
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Published on June 16, 2024
Supreme Court Upholds Mifepristone Availability, Rejects Anti-Abortion Challenge Against FDASource: Unsplash/ Reproductive Health Supplies Coalition

In a decisive move by the Supreme Court on Thursday, the justices unanimously rejected a challenge against the abortion pill mifepristone, effectively sustaining its availability across the United States. This ruling arrives as the first significant abortion-related decision post the reversal of Roe v. Wade. As per the Court's opinion, commandeered by Justice Brett Kavanaugh, the plaintiffs, a collective of anti-abortion rights doctors and medical associations, lacked the appropriate legal grounds to pursue their case against the Food and Drug Administration (FDA).

"Under Article III of the Constitution, a plaintiff's desire to make a drug less available for others does not establish standing to sue. Nor do the plaintiffs' other standing theories suffice," Kavanaugh wrote for the court. This statement, obtained by CBS News, clarified the justice's perspective on why the challenge was deemed insufficient to even to merely proceed. While the Court sidestepped the matter of whether the FDA lawfully relaxed its regulations concerning mifepristone in 2016 and again in 2021, the drug's reach—now extended into later stages of pregnancy and prescribed by a broader group of healthcare workers—remains unaltered.

Placing potential additional challenges on the horizon, this decision nonetheless secures, for the present, the FDA's recent steps that facilitated easier access to the abortion pill. These measures included negating the requirement for the pill to be dispensed in person, thus permitting it to be mailed.

In elaboration on the implications of the ruling, The Hill's Courts and Legal Reporter, Zach Schonfeld, appeared on Capitol Review to discuss the Court's decision. He highlighted the continued ability for states to independently navigate abortion-related decisions. The Supreme Court's stance does not concretize the future of abortion access under state jurisdiction but does ensure that the precedent set by the FDA regarding mifepristone remains intact for the currently foreseeable future.