The Supreme Court signaled skepticism towards efforts to curb access to abortion pills during an oral argument on March 26th concerning medication abortion regulations. Several of the justices raised doubts about whether the plaintiffs in the case – a group of anti-abortion doctors – have proper legal “standing” to challenge FDA rules on mifepristone, one of the medications used in medication abortions.
Mifepristone, in combination with another drug misoprostol, is used in 63% of abortions in the US. In 2000, the FDA approved mifepristone for medication abortions. But in recent years, the FDA has moved to allow broader use of the drug, including later in pregnancy and through remote prescriptions and telehealth.
The plaintiffs argue these changes violate the FDA’s statutory authority and have sued to block them. However, during the oral argument justices from both sides of the ideological spectrum questioned whether the plaintiffs could demonstrate concrete harm from the rules, as required for legal standing. Several justices noted that the plaintiffs had not shown they had directly treated patients who were harmed by the medication.
The justices’ skepticism signals the court may not accept the challenge to the FDA rules and could preserve broader access to medication abortion through pills. However, some conservative justices hinted they may have concerns about the FDA’s authority in this area and questioned whether laws restricting mailing of abortion medications should have factored more in the agency’s decision making. A decision is expected by late June.
