The U.S. Supreme Court heard arguments on Tuesday in a case that could potentially impact access to the abortion pill mifepristone. This case marks the first abortion-related issue the court has taken on since the majority of justices struck down the constitutional right to abortion in 2022. A group of anti-abortion doctors sought to restrict access to mifepristone and limit when it could be used in a pregnancy.
The FDA approved mifepristone in 2000 as a safe and effective way to end early pregnancies. Last year, the pill was used in over six in ten abortions in the U.S. The central argument against mifepristone is that the FDA overlooked serious problems with the drug when easing restrictions, including making it available via mail in 2021. However, the FDA defended its decision by stating that it came after 20 years of monitoring the drug’s safety, with serious problems occurring less than 0.3% of the time.
During the arguments, Justice Ketanji Brown Jackson pressed the plaintiffs on the basis for second-guessing the agency’s regulatory decisions. The case also raised questions about how far-reaching any potential ruling should be, with Justice Neil Gorsuch expressing concerns about broad injunctions. The Biden administration argued that the plaintiffs did not have the right to challenge the FDA’s actions on mifepristone, as they are not required to prescribe or treat patients who have taken the pill.
Several justices requested real-life examples of doctors being forced to treat patients who had suffered complications from the abortion pill. They also questioned the need for sweeping nationwide rules against mifepristone use. There were concerns about how a ruling in this case could impact the FDA’s authority over drug regulation, as well as the potential risks to other drugs and vaccines if the court were to overturn FDA approvals.
The case has raised important questions about the balance between regulatory authority and individual rights when it comes to access to abortion medications. The Supreme Court appears inclined to preserve access to the abortion pill based on the arguments presented during the hearing. The outcome of this case could have significant implications for millions of American women and for the regulation of drugs by the FDA. Stay tuned for further developments as the court weighs this important issue.
