US Supreme Court unanimously upholds access to mifepristone, an abortion pill | US Supreme Court

The availability of a common abortion pill will remain unchanged, the U.S. Supreme Court ruled Thursday in a unanimous 9-0 decision, handing a major victory to abortion rights supporters who feared that the court that overturned the ruling Roe v Wade just two years ago made hacking access to the procedure worse.

Conservative bloc

Alito Majority

Barrett Majority

Gorsuch Majority

Kavanaugh majority

Roberts Majority

Thomas Majority

Liberal bloc

Jackson Majority

Kagan Majority

Sotomary Majority

Abortion rights supporters demonstrate outside the Supreme Court as it hears arguments in the abortion pill case in Washington DC on March 26, 2024. Photograph: Bill Clark/CQ-Roll Call via Getty Images

The case, a consolidation of the cases Food and Drug Administration v. Alliance for Hippocratic Medicine and Danco Laboratories LLC v. Alliance for Hippocratic Medicine, focused on the FDA's ability to regulate mifepristone, one of two drugs typically used in abortions medication, which now accounts for more than 60% of all abortions in the United States and has become a major target of anti-abortion activists. A coalition of abortion opponents had tried to persuade the Supreme Court to overturn a series of steps taken by the FDA to expand access to the drug, including allowing abortion providers to send mifepristone to patients , a request that judges have met with skepticism in these cases. Arguments from March.

Opponents of abortion have claimed that if current FDA regulations on mifepristone are maintained, anti-abortion doctors could be harmed if they have to treat women with complications from mifepristone. But in Thursday's majority opinion, Justice Brett Kavanaugh rejected that argument, ruling that anti-abortion activists had not proven they had the legal right, or standing, to file suit in the first place .

Because Plaintiffs do not prescribe, manufacture, sell, advertise, or sponsor a competing drug for mifepristone, Plaintiffs suffer no direct financial harm from the FDA's actions relaxing the regulations. mifepristone, Kavanaugh wrote. They also do not suffer damage to their property, or their property values, as a result of the FDA's actions. Since plaintiffs do not use mifepristone, they obviously cannot suffer any physical harm from the FDA's actions in relaxing the regulation of mifepristone.

The unanimous decision marked a rare moment of consensus on abortion.

Only Justice Clarence Thomas, one of the Court's most radical conservative justices, wrote a concurring opinion that primarily addressed the legal nuances of standing, arguing that so-called abortionists, a term widely considered derogatory among abortion providers, should also lack standing. sue on behalf of their patients.

Right-wing judges have long complained that it is too easy for abortion providers to challenge restrictions on the procedure, according to Mary Ziegler, a professor at the University of California, Davis, who studies the legal history of the reproduction. But given the Supreme Court's 6-3 conservative majority, she said no sane abortion provider would now spend much time trying to argue their way to the Supreme Court.

Members of Congress welcomed the decision. This is a massive victory for abortion access, but there is no doubt we need to codify access to reproductive care nationally, said Rep. Pramila Jayapal, D-W.C. , on X.

This challenge to mifepristone was unfounded from the start. Abortion medications are safe and effective, added Sen. Elizabeth Warren, Democrat of Massachusetts, on nationally. We must protect reproductive freedom everywhere.

Although the decision pleased abortion rights activists, many had similar reactions to Warren.

We were relieved that the Supreme Court recognized this bogus case for what it is, but this baseless push to block access to abortion should never have been heard by them in the first place, said Mini Timmaraju, CEO and President of Reproductive Freedom for All. We need court reform to save the legitimacy of our federal justice system and we will not stop fighting for it until it becomes a reality.

Because the outcome of the case hinged on standing, it is possible that other plaintiffs will continue to challenge access to mifepristone. Three states have already joined the case as plaintiffs in a lower court. If Donald Trump wins the presidency in November, he could also try to restrict access to mifepristone through a 19th-century anti-obscenity law.

The Supreme Court has yet to rule on its second abortion case of this legislature, which involves a federal law that requires hospitals to stabilize the health of patients who show up in emergency rooms in cases of medical emergencies. The Biden administration and the state of Idaho have clashed over whether this law requires doctors to perform emergency abortions.

Today's decision does not change the fact that the fight for reproductive freedom continues. This does not change the fact that the Supreme Court overturned Roe v Wade two years ago and women lost a fundamental freedom, Joe Biden said in a statement. This does not change the fact that a woman's right to receive the treatment she needs is threatened, if not impossible, in many states.

The president, as he has repeatedly since his re-election campaign, called on Congress to codify Roes protections into law.

If abortion opponents had won, the ruling could have impacted all FDA-regulated drugs, including other types of politicized drugs such as vaccines, HIV drugs, and drugs used in gender-affirming health care.

Danco Laboratories, maker of mifepristone and petitioner in the case, applauded Thursday's opinion, which reversed and remanded a ruling by the Fifth Circuit Court of Appeals that would have rolled back the FDA's efforts to expand access with mifepristone.

In rejecting the Fifth Circuit's sweeping, unprecedented and untenable interpretation of who has standing to bring suit, the justices reaffirmed long-standing core principles of administrative law, Danco executive Abigail Long said in a statement. In doing so, they maintained the stability of the FDA's drug approval process, which relies on the agency's expertise and is relied upon by patients, health care providers, and the U.S. pharmaceutical industry. .

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