The Supreme Court unanimously upheld access to a key abortion medication on Thursday, marking their first major abortion ruling since overturning Roe v. Wade two years ago.
The justices ruled that anti-abortion groups didn’t have the legal standing to challenge the FDA‘s approval of mifepristone, a drug used in most U.S. abortions. This case could have limited access to mifepristone nationwide, even in states where abortion is still legal.
Historical Unanimous Supreme Court’s Decision
Justice Brett Kavanaugh, part of the majority that overturned Roe, wrote that federal courts aren’t the place to address the plaintiffs’ concerns about the FDA’s actions.
This decision might reduce the heat of the abortion debate in the upcoming November elections, where Democrats have been rallying against restrictions on reproductive rights.
Separately, the court is considering another case about whether federal law on emergency treatments at hospitals overrides state abortion bans in rare cases where a pregnant patient’s health is at serious risk.
Since 2000, over 6 million people have used mifepristone, which works in combination with another drug, misoprostol, to terminate pregnancies up to 10 weeks. Healthcare providers warn that if mifepristone becomes unavailable, they would have to rely solely on misoprostol, which is less effective.
The Biden administration and drug manufacturers argued that siding with abortion opponents could undermine the FDA’s drug approval process beyond abortion, by allowing judges to question the agency’s scientific decisions. They claimed mifepristone is one of the safest drugs the FDA has approved.
Danco Laboratories, which makes mifepristone, stated that the decision “safeguards access to a drug with decades of safe and effective use.”
Doctor’s Opinion
Anti-abortion doctors argued that the FDA’s easing of restrictions on mifepristone in 2016 and 2021 endangered women’s health. Kavanaugh acknowledged their sincere objections but noted that federal laws already protect doctors from performing abortions against their beliefs. He pointed out that there have been no instances where doctors were forced to perform abortions since mifepristone was approved.
Ultimately, Kavanaugh suggested that opponents should focus their efforts on persuading lawmakers and regulators to make changes. His comments highlight the stakes of the 2024 election and the potential for changes in FDA policy if a new administration takes office.
The mifepristone case began shortly after Roe was overturned, with abortion opponents initially winning a ruling to revoke the drug’s approval entirely. The 5th U.S. Circuit Court of Appeals upheld the FDA’s initial approval but wanted to reverse the 2016 and 2021 changes easing the drug’s administration. The Supreme Court put the appeals court’s decision on hold and agreed to hear the case. Justices Alito and Thomas, who would have allowed some restrictions, also joined in the unanimous decision.
Roe v. Wade Timeline Context
For those who don’t know or want to dig in the Roe vs. case. Wade, this timeline to explain what it is:
Case Background
- In 1970, a woman using the pseudonym “Jane Roe” filed a federal lawsuit against Henry Wade, the district attorney of Dallas County, Texas.
- The case challenged a set of Texas statutes that criminalized abortion in most instances.
- Norma McCorvey, the real identity behind “Jane Roe,” sought the right to terminate her pregnancy legally.
Supreme Court Decision (1973):
- On January 22, 1973, the U.S. Supreme Court ruled (7–2) in favor of Roe.
- Justice Harry A. Blackmun authored the majority opinion.
- The Court held that unduly restrictive state regulation of abortion violated a constitutional right to privacy.
- This right to privacy was found to be implicit in the liberty guarantee of the Fourteenth Amendment.
- The decision effectively legalized abortion across the United States.
Balancing Act:
The Court balanced the right to privacy with the state’s interests:
- During the first trimester, the state couldn’t intervene in a person’s decision to have an abortion.
- In the second trimester, the state could regulate abortion procedures to protect health but not prohibit abortions.
- After viability (end of the second trimester), the state could regulate or prohibit abortions to protect health or preserve fetal viability.
Overturning (2022):
- In 2022, the Supreme Court overturned Roe v. Wade.
- This decision had significant implications for abortion rights and access.