The Supreme Court is currently considering a case involving the FDA’s actions to make the abortion pill mifepristone more accessible. The FDA’s changes, implemented in 2016 and 2021, aimed to allow mifepristone to be taken later in a pregnancy and delivered through the mail without an in-person doctor’s visit. A group of doctors and medical associations challenged these changes, claiming the FDA violated the law. The central issue in the case is whether these doctors have legal standing to sue the FDA over its actions, and whether those actions were within the bounds of the law.
The legal battle over mifepristone has been ongoing for years, with the FDA’s initial approval of the drug in 2000 facing challenges from anti-abortion rights groups. The Biden administration has argued that the medical associations and their physician members lack legal standing to sue, as they do not prescribe the drug and have not identified any specific instances of harm caused by the FDA’s actions. Pharmaceutical companies and former heads of the FDA have warned that a decision against the FDA could undermine the agency’s drug approval process and lead to persistent legal challenges.
If the Supreme Court decides that the doctors do not have legal standing to sue, the case may be dismissed without a ruling on the FDA’s actions. However, if the court addresses the legal issues, it will have to determine whether the FDA acted lawfully in making mifepristone more accessible. The outcome of this case could have significant implications for abortion access and the FDA’s regulatory authority. The decision is expected by the end of June, with access to mifepristone remaining unchanged until then.