SCOTUS Ruling Preserves Mifepristone Access

Facts

  • The US Supreme Court (SCOTUS) Thursday unanimously preserved access to the abortion pill Mifepristone.1
  • In making an abortion-related ruling for the first time since it overturned Roe v. Wade's federal right to the procedure in 2022, SCOTUS decided the plaintiffs lacked the right to sue over the Food and Drug Administration's (FDA) approval of the pill.2
  • Without addressing the underlying regulatory or safety issues raised by the plaintiffs, SCOTUS reversed a lower court's ruling. Mifepristone is reportedly used by two-thirds of Americans seeking an abortion.3
  • In addition, SCOTUS left the door open for the plaintiffs to take the legislative or regulatory path to challenging access to the pill.4
  • The plaintiffs, a coalition of abortion opponents, had claimed that FDA moves to expand access to mifepristone could put anti-abortion doctors at risk — including if a doctor was required to treat some patients dealing with complications from taking the pill.5

Sources: 1NBC, 2Associated Press, 3The Hill, 4Bloomberg and 5Guardian.

Narratives

  • Left narrative, as provided by Salon.com. This might be a ruling to celebrate, but the elation unfortunately could be temporary. While it ruled the plaintiffs had no standing, the conservative wing of SCOTUS left the door open to a future challenge to the FDA's rules regarding mifepristone. This case should have been dismissed because it had so many holes in it — and future challenges should be given that treatment as well.
  • Right narrative, as provided by Townhall. It's disappointing that SCOTUS hasn't held the FDA accountable. There are concerns that Mifepristone can bring numerous harms to women and doctors — many of whom have been abandoned by pro-abortion factions and the media. But this is just the first ruling, and future challenges to the drug's availability will hopefully lead to tighter restrictions and a safer environment for pregnant women.

Predictions