SCOTUS to hear abortion pill case today

The Supreme Court will hear oral arguments in the FDA v. Alliance for Hippocratic Medicine, a case challenging the Food and Drug Administration’s approval and accessibility of the common abortion pill mifepristone, today. The deliberation has significant implications for abortion access nationwide and could affect the FDA’s authority to regulate medications.

It is the first major abortion rights case SCOTUS is reviewing since it overturned Roe v. Wade in 2022.

Last year, in August, the Fifth Circuit Court of Appeals ruled that the FDA didn’t follow proper procedures when it made changes to regulations. 

In 2016 and 2021, the FDA allowed mifepristone to be taken up to 10 weeks into pregnancy (up from seven weeks), and granted mail deliveries and telemedicine prescriptions of the drug.

The case is under review by the Supreme Court.

What’s at stake?
The case could restrict access to mifepristone through telehealth. It will also become harder to obtain the drug across the nation.

Miscarriage care
Mifepristone is also used in miscarriage treatment, providing comfort and support during a difficult time. Restrictions could hinder access to this care as well.

Interference with state sovereignty
A ruling against mifepristone access could override state-level protections for abortion access, including governors’ power to safeguard reproductive healthcare.

Uncertainty for the drug industry
The case also raises concerns about the FDA’s power to regulate meds. If the ruling upholds the lower court’s decision, there are chances that anyone could question and challenge the FDA.

An increased judicial interference in the drug approval process could destabilize the pharmaceutical industry and hinder innovation.

Last year, at least 63% of all abortions were done via medication in the US. More than 5 million people have used mifepristone since 2000.

The outcome of this case is anticipated by late June.