Supreme Court upholds access to mifepristone abortion pill

The Supreme Court of the United States (SCOTUS) has rejected a case that would have had wide-ranging effects on how abortions are carried out across the nation.

SCOTUS ruled today to keep certain restrictions in place on the abortion pill mifepristone but not to take it off the market. Prescriptions will remain permissible throughout the initial 10 weeks of pregnancy, and medications can still be prescribed via telehealth consultations and delivered by mail where permitted by state regulations.

The justices unanimously decided that the doctors and organizations behind the case did not have standing to sue the Food and Drug Administration (FDA) for its approval and subsequent regulations on the drug.

The drug at the center of the controversy, mifepristone, was initially approved by the FDA in 2000. It is the first in a two-pill regimen alongside misoprostol for chemically induced abortions.

Danco Laboratories manufactures Mifeprex, a trade name for mifepristone.

In Justice Brett Kavanaugh’s opinion, he wrote, “The plaintiffs have sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone. But under Article III of the Constitution, those kinds of objections alone do not establish a justiciable case or controversy in federal court.”

He went on to state that “the plaintiffs have failed to demonstrate that FDA’s relaxed regulatory requirements likely would cause them to suffer an injury in fact. For that reason, the federal courts are the wrong forum for addressing the plaintiffs’ concerns about FDA’s actions.”

Kavanaugh explained how the objections brought before SCOTUS should be addressed “in the regulatory process” or “in the legislative process.”

Organizations, activists, and lawmakers from across the political spectrum reacted to the ruling.

The Alliance Defending Freedom, which filed the lawsuit challenging multiple aspects of the FDA’s approval and administration of the chemical abortion drug, said they were “disappointed” with the order.

“While we’re disappointed the Court did not reach the merits of the FDA’s unlawful actions, nothing in today’s decision changes this fact: women and girls are being harmed by the FDA’s recklessness.”

“Unfortunately, with this ruling, the Supreme Court has condoned the FDA’s overstep of its regulatory authority, to the detriment and danger of pregnant women and preborn children,” said Texas Right to Life President Dr. John Seago. “However, even a total Pro-Life victory in this case would not stop foreign doctors who are mailing abortion pills from other countries directly to women in Texas and other states. Christians must target this deadly lawlessness before it becomes the status quo.”

“When and how to start a family should always be between a woman and her doctor — not politicians like Ted Cruz,” said Congressman Colin Allred (R-TX-32). “Mifepristone has been safe and legal for decades, and Ted Cruz and his extreme policies are responsible for putting this health care into question.”

“As your Senator, I will always ensure women have access to the health care they need, including mifepristone, and restore freedom to Texas women and families.”

Chelsey Youman, national director of Public Policy for the pro-life organization Human Coalition, said, “It is a travesty that the FDA will not be held accountable for the numerous ways that abortion drugs harm women and kill children. But so long as abortion continues to ravage our country and vulnerable women need our help, we will not rest as we continue to love them, serve them, and show them the devastating truth about abortion.”