The US Supreme Court has denied an attempt to restrict the use of mifepristone, a widely used abortion pill, preserving access to the medication across the nation.
In a unanimous decision, the court concluded that the anti-abortion groups and physicians lacked the legal standing necessary to challenge the Food and Drug Administration’s (FDA) approval of mifepristone. This ruling is significant in the context of ongoing debates about abortion rights, a central issue in the upcoming November elections.
President Joe Biden’s administration had urged the court to uphold access to the drug, which has been FDA-approved since 2000. This position contrasts with that of former President Donald Trump and the Republican Party, who generally support more restrictive abortion policies.
Justice Brett Kavanaugh, writing for the court, stated, “We recognize that many citizens, including the plaintiff doctors here, have sincere concerns about and objections to others using mifepristone and obtaining abortions. But citizens and doctors do not have standing to sue simply because others are allowed to engage in certain activities.”
He emphasized that federal courts are not the appropriate venue for addressing the plaintiffs’ objections to the FDA’s actions. Instead, such concerns should be directed through regulatory procedures or political and electoral processes.
Anti-abortion advocates have sought to limit access to mifepristone, claiming it is unsafe and forces doctors to act against their conscience when dealing with complications. A conservative US district court judge in Texas, appointed by Trump, had previously issued a ruling to ban mifepristone, which was partially overturned by an appeals court. The appeals court’s decision restricted the use of the pill but did not uphold the outright ban.
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The Supreme Court’s ruling removes these restrictions, allowing the continued use of mifepristone up to 10 weeks of pregnancy, permitting mail delivery, and not requiring a doctor’s prescription and administration.
Medication abortion, including the use of mifepristone, accounted for 63% of abortions in the US last year, an increase from 53% in 2020, according to the Guttmacher Institute. Since the Supreme Court overturned the Roe v. Wade decision in June 2022, about 20 states have imposed bans or severe restrictions on abortion.
Despite the push from conservative groups to limit or ban abortions, polls indicate that a majority of Americans support maintaining access to safe abortion services.