The US Supreme Court delivered a significant victory for the pro-choice movement on Thursday, ruling against a challenge to the US Food and Drug Administration’s (FDA) regulatory approval process for the abortion drug mifepristone. The unanimous decision came as a blow for those opposing the FDA’s regulation, arguing that the challengers lacked the legal standing to sue.
Justice Brett Kavanaugh, authoring the unanimous opinion, indicated that while the plaintiffs held genuine objections to elective abortion and the FDA’s regulation of mifepristone, such objections alone did not establish a justiciable case under federal law. The challengers, in Kavanaugh’s view, had failed to prove that relaxed regulatory requirements would cause harm.
In March, the Supreme Court listened to arguments regarding regulations since 2016 which enhanced access to mifepristone, including access via mail. However, in a landmark decision in June 2022, the court overturned Roe v. Wade in the Dobbs v. Jackson Women’s Health Organization case, ruling that the constitution does not guarantee a right to abortion.
Post-Dobbs, fourteen states now prohibit abortion at all stages of pregnancy, with other restrictions in place. Despite this, the Biden administration and the manufacturer of mifepristone requested a reversal of the appellate ruling that could limit the drug’s access.
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