In a victory for abortion rights advocates, the Supreme Court has rejected a legal challenge seeking to restrict access to mifepristone, one of the main drugs used in medication abortions. The unanimous ruling means that mifepristone will remain available for women without an in-person doctor visit.
The lawsuit was brought forward by anti-abortion medical groups and doctors arguing that the FDA's regulations surrounding mifepristone were unsafe. However, the Supreme Court found that the plaintiffs did not have proper legal standing to sue, as they could not demonstrate direct harm caused by the current rules.
Writing for the court, Justice Brett Kavanaugh affirmed that “citizens and doctors who object to allowances given to others may pursue legislative changes, but do not have standing to sue simply due to disagreements over regulations that do not affect them.” This suggests future challenges on similar grounds will face an uphill battle.
Mifepristone is approved by the FDA for terminating pregnancies up to 10 weeks as part of a two-drug regimen. Major medical associations support its safety record accumulated over two decades of use. During the pandemic, the FDA eased certain restrictions like no longer requiring in-person dispensing, allowing access via telemedicine or mail delivery.
The Biden administration welcomed the decision, stating it will ensure mifepristone “remains available for women across the country on the terms approved by the FDA.” Reproductive rights were a key issue in the recent midterm elections and will likely remain prominent as the 2024 presidential race gets underway. With the legal fight now struck down, medication abortions remain an accessible option for many American women.
