The Supreme Court ruled on Thursday against a challenge to the Food and Drug Administration’s (FDA) approval process for the abortion drug mifepristone, marking a significant decision in the ongoing debate over abortion rights following the landmark 2022 overturning of Roe v. Wade.
In a unanimous decision, the high court determined that the challengers lacked the legal standing to sue the government, delivering a victory for the Biden administration and supporters of abortion rights.
“Under Article III of the Constitution, a plaintiff’s desire to make a drug less available for others does not establish standing to sue. Nor do the plaintiffs’ other standing theories suffice,” Justice Brett Kavanaugh wrote in the opinion.
The justices heard approximately 90 minutes of arguments in March concerning federal regulations since 2016 that have made access to mifepristone easier, including allowing it to be obtained by mail.
In June 2022, the Supreme Court overturned Roe v. Wade with its ruling in Dobbs v. Jackson Women’s Health Organization, stating that the U.S. Constitution does not guarantee the right to an abortion and leaving the decision to individual states. Following this decision, 14 states have implemented total abortion bans, with a few exceptions, and two states have banned abortions once a fetal heartbeat is detected, around six weeks into pregnancy.
The Biden administration and the manufacturer of mifepristone had requested the Supreme Court to overturn an appellate ruling that would have imposed restrictions on the drug, even in states where abortion remains legal. These restrictions would have included banning mail-order access and reducing the period during which mifepristone can be used from 10 weeks to seven weeks of pregnancy.
This ruling is a crucial development in the legal battles over abortion access and regulatory authority, reinforcing the current status of mifepristone’s availability under FDA guidelines.