What to know about the Supreme Court's dismissal of the mifepristone case
The Supreme Court made a surprising decision to dismiss a case seeking to severely limit access to the abortion medicine, mifepristone. But the win for abortion rights is only temporary.
Almost two years ago, the Supreme Court overturned Roe v. Wade and held that women’s access to pregnancy-termination care was no longer a fundamental right protected by the Constitution. The Dobbs decision reversed 50 years of precedent that recognized a constitutional right to abortions at approximately 24 weeks. Last week, the right-wing Court temporarily protected access to an FDA-approved medication for pregnancy termination, the mifepristone “morning after” pill.
In an opinion by Justice Brett M. Kavanaugh, the Supreme Court in FDA v. Alliance for Hippocratic Medicine unanimously held that the anti-abortion plaintiffs lacked standing to sue the FDA over mifepristone.
The ruling was made on procedural grounds, with Kavanaugh staying quiet on the wider abortion debate. New lawsuits over the medication are inevitable. But for now, the Court’s resurrection of the vital doctrine of Article III standing comes of relief. The idea of requiring standing to sue—championed by the conservative icon, Justice Antonin Scalia—is designed to ensure that only injured plaintiffs get access to federal courts. Otherwise, unelected federal judges become the ultimate lawmakers in the country. The current Supreme Court majority has egregiously sidestepped standing doctrine in a slew of critical cases, including Dobbs and in the decision striking down the Biden student loan forgiveness program. So, this decision was hardly inevitable. But for millions of women and girls, it provides a modicum of temporary relief from the relentless assault on their individual personal autonomy.
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What is mifepristone?
Mifepristone is one of the two prescription drugs used to perform medication abortions. Research from the Guttmacher Institute found that medication abortions make up 63% of American abortions. The drug is also used in treating miscarriages. The medication blocks a hormone that is needed to continue a pregnancy and was first approved by the FDA in 2000.
The FDA initially allowed the medication to be used through 7 weeks of pregnancy, but in 2016, it expanded this to 10 weeks. The different requirements and restrictions surrounding its use were first introduced in 2011. This included a risk evaluation, mitigation strategy planning, and the requirement that it only be administered in hospitals or clinics. However, in 2013, a study revealed that the medication could be used safely at home. It wasn’t until the pandemic hit and the initiation of a lawsuit that Americans could get mifepristone without going to a medical facility. This temporary lift was made permanent in 2021 by the FDA and led to pharmacies being able to distribute the medication as well.
Unfortunately, the FDA approval did not stop states from preventing mifepristone from being prescribed via telemedicine or requiring in-person administration. And after Dobbs, states had even more power to restrict access.
What was the case about?
On June 13th, 2024, Kavanaugh wrote the opinion in F.D.A. v. Alliance for Hippocratic Medicine, explaining why the Supreme Court dismissed the case. But first, here’s a bit on what the case was about and what exactly the plaintiffs wanted.
Who is the Alliance for Hippocratic Medicine?
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