This Thursday, the Supreme Court unanimously upheld access to the abortion pill, known as mifepristone, in a decision that has significant implications for reproductive rights in the United States.
The ruling comes as a victory for the Biden administration and the manufacturer of the drug, Danco, as it ensures that access to mifepristone will remain unchanged.
The opinion was originally written by Justice Brett Kavanaugh, who stated that a group of anti-abortion doctors lacked the legal basis to challenge access to mifepristone. The Court’s decision reverses a previous lower court ruling that could have made it more difficult for individuals to obtain the medication. Mifepristone is commonly used in about two-thirds of abortions in the country.
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Importantly, the ruling focused solely on the issue of standing and did not address the regulatory or safety concerns raised by the plaintiffs. The Court found that the conservative doctors involved in the lawsuit did not demonstrate personal harm resulting from the government’s regulation of mifepristone. The decision highlights that a plaintiff’s desire to make a drug less accessible to others does not establish standing to sue, in line with Article III of the Constitution.
Now, as a result of this ruling, mifepristone will continue to be available to individuals for up to the 10th week of pregnancy, and it will still be accessible through mail-order services. This decision not only supports the Biden administration’s efforts to maintain access to abortion but also upholds the authority of the Food and Drug Administration (FDA) to regulate drugs.
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The FDA initially approved mifepristone in 2000 for abortions up to seven weeks of pregnancy. However, there have been subsequent changes to the regulations surrounding the drug in 2016 and 2021. It is important to note that despite this ruling, mifepristone remains illegal in more than a dozen states that have implemented bans on abortion.
Abigail Long, a spokesperson for Danco, the manufacturer of mifepristone said in a statement:
“We are pleased with the Supreme Court’s decision in this incredibly important case. By rejecting the Fifth Circuit’s radical interpretation of who has standing to sue, the justices have reaffirmed longstanding principles of administrative law. The decision also ensures continued access to a drug that has been used safely and effectively for decades.”
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