SCOTUS not expected to overturn access to abortion pills

By 
 March 27, 2024

The Supreme Court signaled skepticism about restricting access to the abortion drug mifepristone during a hearing on Tuesday.

Reports indicate that the court appeared unlikely to support such limitations and questioned the appropriateness of challenging the drug's federal approval.

The legal battle

The case revolves around decisions made by the US Food and Drug Administration (FDA) since 2016 to ease restrictions on mifepristone's use. Anti-abortion groups and doctors, including the Alliance for Hippocratic Medicine, are challenging the drug's safety.

In November 2022, they filed a lawsuit alleging that mifepristone, approved by the FDA in 2000, is unsafe and that the FDA inappropriately expanded its access.

Despite numerous studies demonstrating mifepristone's safety, the group argued that its members could be harmed by treating patients who used the drug. They also argued that doing so would violate their religious beliefs.

Solicitor General Elizabeth Prelogar argued that the doctors failed to show direct harm from the FDA's decisions. She cautioned that ruling in favor of the anti-abortion group would severely disrupt the federal system for developing and approving drugs and inflict grave harm on women across the nation.

The justices debate

Several justices, including conservative ones who have previously supported anti-abortion individuals, questioned the validity of the case. Justice Amy Coney Barrett pressed the group's attorneys on whether doctors cited in the case had been forced to terminate pregnancies against their will.

Another conservative judge, Justice Neil Gorsuch, expressed concern that the case could lead to a handful of individuals turning a small lawsuit into a nationwide legislative assembly on an FDA rule or any other federal government action.

The liberal justices, Justices Elena Kagan and Ketanji Brown Jackson, questioned why doctors were not protected by their right to lodge conscience objections.

What's next?

This case marks a significant abortion case since the overturning of the Roe v. Wade judgment. It has potential implications for millions of women and comes ahead of the presidential elections in November, where abortion will likely be a major factor.

"The case is a major test for the conservative-majority court, which in 2022 overturned Roe v. Wade, the landmark ruling that established a woman's constitutional right to end her pregnancy," NBC News reported.

"The FDA has the backing of the pharmaceutical industry, which has warned that any second-guessing of the approval process by untrained federal judges could cause chaos and deter innovation," it added.

The legal controversy is likely to continue, with the ruling expected to have major consequences on state laws related to abortion pill access in the days ahead.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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