The U.S. Supreme Court rejected a bid by anti-abortion groups and physicians to restrict access to the abortion pill, handing a victory to President Biden's administration in its efforts to preserve broad access to the drug.
In a 9-0 decision authored by Justice Brett Kavanaugh, the justices overturned a lower court's ruling that rolled back FDA actions from 2016 and 2021, which had eased the prescription and distribution of mifepristone.
Mifepristone, approved by the FDA in 2000, is used in more than 60% of U.S. abortions. The court ruled that the plaintiffs lacked the legal standing necessary to challenge the FDA's regulations, as they failed to demonstrate harm traceable to the FDA.
Kavanaugh wrote that the plaintiffs, despite not prescribing or using mifepristone, wanted the FDA to make it harder for other physicians to prescribe it and for women to obtain it.
"Under Article III of the Constitution, a plaintiff's desire to make a drug less available for others does not establish standing to sue," Kavanaugh wrote.
A ruling in favor of the plaintiffs could have threatened the FDA's regulatory authority over drug safety. The plaintiffs challenged FDA actions allowing medication abortions up to 10 weeks of pregnancy and mail delivery of the drug without an in-person clinician visit.
The case reflects ongoing battles over abortion rights in the United States. The Supreme Court, with a 6-3 conservative majority, overturned the 1973 Roe v. Wade decision in 2022, leading to numerous states enacting restrictive abortion measures.
President Biden, seeking re-election, is a strong advocate for abortion rights, and he and his fellow Democrats aim to highlight this issue against Republicans in the upcoming election.
Abortion rights advocates and Democratic lawmakers expressed relief at the decision but concern over the case's progression.
Nancy Northup, President of the Center for Reproductive Rights, stated, "Thank goodness the Supreme Court rejected this unwarranted attempt to curtail access to medication abortion, but this meritless case should never have gotten this far. The attacks on abortion pills will not stop here."
Senate Majority Leader Chuck Schumer commented, "No one should be celebrating this decision. We are not yet out of the woods."
The Supreme Court is also expected to rule on the legality of Idaho's restrictive abortion ban later this year.
Mifepristone, taken with misoprostol, has been deemed "extremely safe" by the FDA, with studies showing that serious adverse events are rare.
The plaintiffs, led by the Alliance for Hippocratic Medicine, argued that the FDA acted contrary to its mandate to ensure medication safety when it eased restrictions on mifepristone. They sued in Texas in 2022, and U.S. District Judge Matthew Kacsmaryk initially ruled in their favor, effectively pulling the pill off the market.
The 5th U.S. Circuit Court of Appeals partially reversed this decision, maintaining some restrictions, but the Supreme Court's review placed the ruling on hold.
A May Reuters/Ipsos poll found that 50% of respondents supported an in-person doctor visit requirement for abortion medication, while 33% opposed it.
The mifepristone case marked the first time any court had questioned the FDA's expertise and judgment in restricting access to an approved drug, according to the Biden administration.
The plaintiffs argued they had legal standing due to their member physicians potentially treating complications from mifepristone in emergency settings. However, the Justice Department contended that these harms relied on speculative events, and emergency physicians cannot claim injury when providing necessary care to patients.