In a unanimous ruling, the U.S. Supreme Court dismissed a challenge to the Food and Drug Administration’s 24-year-old approval of mifepristone, a common gynecological drug also used for medication abortion, ruling that the plaintiffs did not have legal standing to bring the suit in the first place. The ruling keeps mifepristone legal across the country — at least for now.
Legal Standing and Safety of Mifepristone
Under the Constitution, a plaintiff must be suffering some concrete injury to bring a federal lawsuit. In the case of FDA v. Alliance for Hippocratic Medicine, the suit was brought by anti-abortion advocates who neither provide abortion care nor prescribe mifepristone. The Supreme Court rejected their claim to sue, stating that their desire to limit access to mifepristone for others does not establish standing.
The plaintiffs have long made false claims about the safety of mifepristone, which have been refuted by mainstream medicine and science. The FDA’s approval of mifepristone has not led to increased safety issues or drug complications.
Future Legal Status of Mifepristone
While the Supreme Court swiftly dismissed the Alliance’s claims, the legal status of mifepristone is still under scrutiny. States like Missouri, Kansas, and Idaho have sought to intervene in the lawsuit, arguing that they have a vested interest in protecting women’s health against the perceived dangers of mifepristone. Efforts to intervene are ongoing in lower courts.
Mifepristone and Medication Abortion
Mifepristone is a crucial drug in medication abortion protocols. It was approved by the FDA in 2000 for early pregnancy termination. The protocol involves taking mifepristone first, followed by misoprostol to induce abortion. Medication abortion has seen significant growth in recent years and now accounts for a majority of abortions in the U.S.
The FDA has loosened restrictions around mifepristone over the years, increasing its availability and allowing for mail-order dispensing in states where abortion is legal. However, anti-abortion groups have opposed these changes, advocating for a ban on mifepristone altogether.
A Cynical Endeavor
The Alliance for Hippocratic Medicine’s lawsuit against the FDA was deemed a cynical endeavor by the Supreme Court. The Alliance, comprising anti-abortion organizations, incorporated just months before filing the lawsuit. The lawsuit aimed to restrict access to mifepristone based on unfounded claims about its safety.
Dubious Arguments and Supreme Court Ruling
During oral arguments, the Alliance struggled to present a coherent argument for their standing to sue. The Supreme Court dismissed their case unanimously, stating that the plaintiffs had not shown any concrete injury from the FDA’s approval of mifepristone. The court also acknowledged mifepristone’s safety and rejected speculative claims about potential future harm.
The case will now return to the 5th Circuit following the Supreme Court’s ruling, maintaining the legal status of mifepristone for the time being. Despite this decision, GOP states continue to push back against medication abortion, highlighting ongoing legal battles surrounding reproductive rights in the U.S.