The Supreme Court is set to deliberate on Tuesday on whether to impose restrictions on access to the abortion pill, as President Joe Biden’s administration fights to uphold widespread access to the medication. This pivotal case has once again brought reproductive rights to the forefront during a presidential election year.
The appeal brought by the Biden administration challenges a lower court’s ruling that would impose limitations on the prescription and distribution of mifepristone, also known as the abortion pill. The challenge was initiated by four medical associations and four doctors who oppose abortion, primarily based in Texas.
At the heart of the case are regulatory changes implemented by the Food and Drug Administration (FDA), including extending the window for medication abortions to up to 10 weeks of pregnancy from the previous seven weeks, and permitting mail delivery of the drug without the requirement for an in-person clinician consultation.
With a conservative majority of 6-3, the Supreme Court is revisiting a decision from the New Orleans-based 5th U.S. Circuit Court of Appeals, which criticized the FDA’s decisions in 2016 and 2021 to relax restrictions on mifepristone. The outcome of this case could potentially undermine the FDA’s authority over drug safety regulations.
Mifepristone is typically used in conjunction with another drug called misoprostol to facilitate medication abortions. The FDA granted regulatory approval for mifepristone in 2000, citing its safety profile based on extensive usage over decades by millions of women worldwide.
However, the plaintiffs, led by the Alliance for Hippocratic Medicine, argue that the FDA’s actions contravene its responsibility to ensure medication safety, thereby violating federal regulatory laws. They contend that easing restrictions on mifepristone places undue burden on healthcare providers and compromises patient safety.
In addition to assessing the legality of the FDA’s actions, the Supreme Court is tasked with determining whether the plaintiffs have standing to pursue the litigation. This entails demonstrating that they have suffered harm directly attributable to the FDA’s decisions.
While the Biden administration and its allies advocate for abortion rights, the plaintiffs seek to roll back the FDA’s approvals and expansions concerning mifepristone. The case has significant implications for abortion access and is closely watched as it progresses through the legal system. A final ruling is anticipated by the end of June.
