The U.S. Supreme Court, less than two years after overturning the federal right to an abortion established by Roe v. Wade, is once again embroiled in a critical case regarding abortion.
At the center of the current debate is the Food and Drug Administration’s (FDA) decision to loosen restrictions on mifepristone, a drug commonly used in abortions. Here are the key takeaways from Tuesday’s landmark hearing:
Stakes are High
The outcome of the case could significantly impact access to abortion medication, with nearly two-thirds of all abortions in the U.S. in 2023 being medication abortions.
If the Supreme Court rules against the FDA, restrictions on mifepristone could revert to more stringent measures, affecting both states where abortion is currently banned and where it’s legal.
Cases Before the Court
The Supreme Court heard two consolidated cases: FDA v. Alliance for Hippocratic Medicine and Danco Laboratories v. Alliance for Hippocratic Medicine. The Alliance for Hippocratic Medicine, an anti-abortion group, challenged the FDA’s 2000 approval of mifepristone, arguing safety concerns. The focus now is on the FDA’s actions in 2016 and 2021 to make the drug more accessible.
Legal Standing Questioned
Central to the hearing was whether the plaintiff, the Alliance for Hippocratic Medicine, has legal standing to challenge the FDA’s approval. The plaintiff contends that doctors they represent are harmed by treating patients with complications from mifepristone. However, the FDA and Danco Laboratories argue there’s insufficient evidence of harm to justify intervention.
In-person vs. Telehealth Prescriptions
A significant change in 2021 allowed telehealth prescriptions for mifepristone due to the pandemic. Justices raised concerns about the lack of in-person visits potentially leading to errors in determining pregnancy stages. The FDA clarified that even with in-person visits, ultrasounds aren’t mandatory.
Obtaining Mifepristone by Mail
Conservative justices questioned whether the Comstock Act prohibits mailing mifepristone, prompting debates about agency jurisdiction and statutory interpretation.
What’s Next
Mifepristone access remains unchanged until the Supreme Court’s decision, expected by June or July.
Tuesday’s hearing underscores the profound implications of the Supreme Court’s decision on abortion medication regulations, impacting access and reproductive rights nationwide.
