Supreme Court hears oral arguments on abortion drug case

By 
 March 27, 2024

President Joe Biden and Vice President Kamala Harris have made abortion a keystone issue in their bid to win another term in the White House. 

However, some aspects of issue may not have quite the political juice that they're hoping for, as the U.S. Supreme Court recently signaled that it's skeptical of the latest push by antiabortion doctors to limit access to mifepristone, the drug used in roughly 60% of abortions.

According to The Washington Post, during oral arguments on the issue this week, justices from both sides on the high court "expressed skepticism that the anti-abortion doctors challenging the Food and Drug Administration’s loosening of regulations for the long-approved medication have suffered the type of direct harm that would give them sufficient legal grounds to bring the lawsuit."

The manufacturer of the drug, along with the Biden administration, urged the Supreme Court to reverse a lower court's decision that restricts access to the drug.

Unlikely team-up

The two hours worth of oral arguments resulted in somewhat of a consensus between two sides of the high court -- Chief Justice John G. Roberts Jr. and Justices Neil M. Gorsuch and Ketanji Brown Jackson.

The Washington Post explained that those three justices seemed interested in a "narrow" ruling that would not address safety questions or regulatory concerns, but instead a ruling that would "retain existing levels of access that allow patients to use mifepristone later into pregnancy and obtain the medication directly by mail."

Gorsuch made that clear in his statement to the attorneys representing the group of antiabortion doctors who brought the lawsuit forward.

"This case seems a prime example of turning what could be a small lawsuit into a nationwide legislative assembly on an FDA rule or any other federal government action," Gorsuch said.

WaPo noted:

Jackson said there is a “significant mismatch” between the claims made by the antiabortion doctors and their lawsuit “seeking an order preventing anyone from having access to these drugs at all.”

Concerns noted

The only two conservative justices who seemed to side with the group of antiabortion doctors in the case were Justices Clarence Thomas and Samuel A. Alito Jr.

"Your argument is that it doesn’t matter if FDA flagrantly violated the law, it didn’t do what it should have done, endangered the health of women, it’s just too bad, nobody can sue in court?” Justice Alito said to Solicitor General Elizabeth B. Prelogar.

In her response, Preslogar argued that the FDA "takes very seriously its responsibility to ensure the safety of drugs."

The high court is expected to announce its ruling on the matter by the end of its term in June or July.

 

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