The Supreme Court ruled unanimously that Americans can have full access to the abortion drug mifepristone, a major victory for the Biden administration and abortion rights supporters.
The Supreme Court ruled on Thursday against a challenge to the Food and Drug Administration's (FDA) regulatory approval process of the abortion drug mifepristone. In a unanimous decision, the court found that challengers to the FDA lacked standing to sue the government.
The case stemmed from lawsuits filed by a group of health care associations claiming that mifepristone has a high rate of complications. However, Justice Brett Kavanaugh, who authored the unanimous opinion, wrote that the plaintiffs' "desire to make a drug less available for others does not establish standing to sue."
Supreme Court Upholds Access to Abortion Medication Mifepristone
Kavanaugh emphasized that under Article III of the Constitution, the plaintiffs' objections alone did not establish a justiciable case or controversy in federal court. He noted that the plaintiffs could "present their concerns and objections to the President and FDA in the regulatory process, or to Congress and the President in the legislative process."
The case was remanded back down to the Fifth Circuit consistent with the Court's opinion. The Supreme Court's ruling means that mifepristone will remain widely available in the United States.
Supreme Court Upholds Access to Abortion Medication Mifepristone
Attorney General Merrick Garland praised the unanimous ruling, stating that it protects "women who reside in states that have blocked access to comprehensive reproductive care."
According to the Guttmacher Institute, nearly two-thirds of all abortions in the U.S. in 2023 relied on mifepristone. About six million women have used the drug since its approval 24 years ago.
Supreme Court Upholds Access to Abortion Medication Mifepristone
Abigail Long, a spokesperson for Danco, the manufacturer of mifepristone, expressed relief over the Supreme Court's decision. She stated that the court "maintained the stability of the FDA drug approval process, which is based on the agency's expertise and on which patients, healthcare providers and the US pharmaceutical industry rely."
Justice Clarence Thomas, in a concurring opinion, highlighted his concerns with "associational standing" raised in the case. He argued that the plaintiffs' attempted use of associational standing "illustrates how far we have strayed from the traditional rule that plaintiffs must assert only their own injuries."
Supreme Court Upholds Access to Abortion Medication Mifepristone
Garland pledged that the Department of Justice will continue "to work tirelessly to protect and advance reproductive freedoms under federal law." He emphasized the vital role of mifepristone in accessing safe and legal abortion care for millions of Americans.
