The Supreme Court is set to hear arguments in the case known as FDA v. Alliance for Hippocratic Medicine, which could potentially impact access to a commonly used drug in medication abortions. The dispute involves actions taken by the Food and Drug Administration in 2016 to make the pill, mifepristone, easier to obtain. A group of medical associations opposing abortion rights argue that the FDA acted unlawfully when it relaxed the rules surrounding mifepristone’s use.
The availability of the pill nationwide hangs in the balance as states that either restrict or protect abortion access would be impacted by a decision that rolls back the FDA’s recent moves. Medication abortions made up more than half of all abortions in the U.S. in 2023, with a significant increase in the number of medication abortions following the FDA’s efforts to make mifepristone easier to obtain. The Supreme Court is now reviewing whether the FDA acted lawfully in these changes and other steps taken in 2016.
The case involves a procedural issue regarding the legal standing of the doctors and medical associations challenging the FDA’s actions before the Court can decide on the lawfulness of the FDA’s changes. The Justice Department has argued that the doctors involved in the case do not prescribe the drug and have not shown concrete injuries resulting from the FDA’s actions. The Supreme Court’s decision on this issue will determine whether the case will proceed to address the key legal issues.
If the Supreme Court upholds the lower court’s decision, it could potentially limit or eliminate nationwide access to mifepristone, causing chaos and harm to those seeking medication abortions. However, telehealth providers and online vendors could potentially help mitigate the impact of such a decision. The controversy surrounding the case includes concerns about forum-shopping, as well as scrutiny of studies cited by the lower courts in favor of the Alliance for Hippocratic Medicine. The case raises significant questions about abortion rights and access in the United States.
