During a Supreme Court hearing on Tuesday, the justices expressed skepticism regarding an attempt to limit access to mifepristone, a widely used abortion medication.
The court scrutinized the legitimacy of challenging the drug’s approval by the Food and Drug Administration (FDA), marking a pivotal abortion-related case since the overturning of the national abortion right in June 2022. This decision holds the potential to significantly impact abortion access across the country.
The lawsuit, initiated by the Alliance for Hippocratic Medicine—an association of anti-abortion doctors and activists—argued against the safety of mifepristone and contended that the FDA improperly broadened its accessibility. Despite the drug’s proven safety since its FDA approval in 2000, the plaintiffs also claimed potential harm to medical professionals opposed to abortion on religious grounds, for potentially having to treat patients who have used mifepristone.
US Solicitor General Elizabeth Prelogar defended the FDA’s actions in court, suggesting that the lawsuit’s basis could upend the federal drug approval system and adversely affect women nationwide. Even conservative justices, who previously sided with anti-abortion stances, questioned the direct impact of FDA’s rule changes on the plaintiffs.
The court deliberated on whether the plaintiffs’ grievances warranted the requested restrictions on mifepristone, which could limit access for millions. Questions were raised about the potential precedent this case could set for future legal actions against FDA rules or other federal government decisions.
Mifepristone, commonly used with misoprostol for medical abortions, constitutes the predominant method of abortion in the US, with its usage climbing to 63% of all abortions in 2023. The Supreme Court’s decision in this case could retract the expanded access to mifepristone granted since 2016, including its availability by mail and through retail pharmacies.
Abortion remains a deeply divisive issue in the US, with this case underscoring the ongoing political and social debates. Outside the Supreme Court, protesters from both sides of the abortion debate voiced their demands for justice, while a few were arrested for blocking roads and walkways.
