Supreme Court dismisses challenge to abortion drug mifepristone in unanimous ruling

June 13, 2024 at 11:53 a.m.
Mifepristone, the first medication in a medical abortion, is prepared for a patient at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. The U.S. Supreme Court dismissed a challenge to the rules for availability for the abortion drug mifepristone in a unanimous decision June 13. (OSV News photo/Evelyn Hockstein, Reuters)
Mifepristone, the first medication in a medical abortion, is prepared for a patient at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. The U.S. Supreme Court dismissed a challenge to the rules for availability for the abortion drug mifepristone in a unanimous decision June 13. (OSV News photo/Evelyn Hockstein, Reuters) (EVELYN HOCKSTEIN)

By OSV News

WASHINGTON OSV News – The Supreme Court June 13 unanimously dismissed a challenge to mifepristone, a pill commonly used for abortion, finding that the challengers lacked standing to bring the case. In a unanimous opinion written by Justice Brett Kavanaugh, the court found in FDA v. Alliance for Hippocratic Medicine that the "plaintiffs lack Article III standing to challenge FDA's actions regarding the regulation of mifepristone." "Plaintiffs are pro-life, oppose elective abortion, and have sincere legal, moral, ideological, and policy objections to mifepristone being prescribed and used by others," Kavanaugh wrote. "Because plaintiffs do not prescribe or use mifepristone, plaintiffs are unregulated parties who seek to challenge FDA's regulation of others." The ruling was not unexpected, as during March oral arguments in the case, justices from across the court's ideological spectrum appeared skeptical that the coalition of pro-life doctors challenging the reduced regulations had legal standing to bring the lawsuit, with the question of standing becoming more of a focus than whether the FDA acted lawfully. A coalition of pro-life opponents of mifepristone, which is the first of two drugs used in a medication or chemical abortion, filed suit over loosened restrictions on the drug by the Food and Drug Administration, which included making it available by mail, arguing the government violated its own safety standards in doing so.

More to come on this story.


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WASHINGTON OSV News – The Supreme Court June 13 unanimously dismissed a challenge to mifepristone, a pill commonly used for abortion, finding that the challengers lacked standing to bring the case. In a unanimous opinion written by Justice Brett Kavanaugh, the court found in FDA v. Alliance for Hippocratic Medicine that the "plaintiffs lack Article III standing to challenge FDA's actions regarding the regulation of mifepristone." "Plaintiffs are pro-life, oppose elective abortion, and have sincere legal, moral, ideological, and policy objections to mifepristone being prescribed and used by others," Kavanaugh wrote. "Because plaintiffs do not prescribe or use mifepristone, plaintiffs are unregulated parties who seek to challenge FDA's regulation of others." The ruling was not unexpected, as during March oral arguments in the case, justices from across the court's ideological spectrum appeared skeptical that the coalition of pro-life doctors challenging the reduced regulations had legal standing to bring the lawsuit, with the question of standing becoming more of a focus than whether the FDA acted lawfully. A coalition of pro-life opponents of mifepristone, which is the first of two drugs used in a medication or chemical abortion, filed suit over loosened restrictions on the drug by the Food and Drug Administration, which included making it available by mail, arguing the government violated its own safety standards in doing so.

More to come on this story.

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