Supreme Court Rejects Effort To Restrict Abortion Pill Mifepristone

The Supreme Court rejected an effort to restrict the abortion pill mifepristone from the marketplace, ruling unanimously that the plaintiffs lacked standing.

A number of anti-abortion medical associations and several doctors challenged the Food and Drug Administration’s relaxed restrictions on access to the drug.

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But the justices ruled that the plaintiffs lacked sufficient standing, as they were “unregulated parties who seek to challenge the FDA’s regulation of others.”

“The plaintiffs have sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone,” Justice Brett Kavanaugh wrote in the opinion. “But under Article III of the Constitution, those kinds of objections alone do not establish a justiciable case or controversy in federal court.”

Kavanaugh wrote, “Here, the plaintiffs have failed to demonstrate that FDA’s relaxed regulatory requirements likely would cause them to suffer an injury in fact. For that reason, the federal courts
are the wrong forum for addressing the plaintiffs’ concerns about FDA’s actions. The plaintiffs may present their concerns and objections to the President and FDA in the regulatory process, or to Congress and the President in the legislative process. And they may also express their views about abortion and mifepristone to fellow citizens, including in the political and electoral processes.”

Read the Supreme Court abortion drug opinion.

The ruling was closely watched in light of the high court’s decision two years ago in Dobbs vs. Jackson Women’s Health Organization, which overturned Roe vs. Wade. Democrats have seized on the backlash to the Dobbs decision, as polls have consistently shown that voters supported federal abortion rights.

The Supreme Court has yet to issue a ruling on several other cases that stand to impact the 2024 election. First and foremost is a decision on whether former President Donald Trump has immunity that shields him from some or all federal prosecution over his efforts to remain in power after the 2020 election.

Just a couple blocks away from the court today, Trump was meeting with GOP lawmakers in a behind-closed-doors gathering to talk about his agenda should he win another term. It is Trump’s first visit to Capitol Hill since 2020 and since the January 6, 2021 attack on the Capitol.

The Supreme Court is releasing more opinions from its term on Friday.

More to come.

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