SCOTUS to Review ‘Abortion Pill’ Distribution

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SCOTUS to Review ‘Abortion Pill’ Distribution

The Wall Street Journal (subscription required) reported that today the Supreme Court will review the legal distribution of mifepristone. This follows the 2020 Dobbs decision, which eliminated federal abortion protections, and led to greater availability and use of mifepristone. Despite state bans on abortions, mifepristone remains accessible, especially via mail, with abortions still prevalent. Republican politicians and pro-life groups hoped to reduce abortions post-Dobbs, but medication abortions now constitute most terminations and come with their own risks, such as infection and hemorrhaging.

The case questions FDA rules facilitating mifepristone access since 2016. Legal battles intensified after a Texas judge suspended pill use, later partially upheld by an appeals court.

Earlier this month, The Washington Times reported on the case’s litigants:

Erin Hawley, senior counsel with the Alliance Defending Freedom, said the FDA eased restrictions on the abortion pill’s distribution in violation of the Administrative Procedure Act.

The FDA had moved to limit the number of in-person doctor visits needed to obtain the drug and also allow it to be used longer into pregnancy. The changes have led to more women ending up in emergency rooms, according to Ms. Hawley’s client, Dr. Christina Francis, CEO of the American Association of Pro-Life Obstetricians and Gynecologists.

“This particular case is not about access, but just making sure that if women are going to take these drugs, that there is some minimum requirement of safety,” said Ms. Hawley.

Dr. Francis said, “Women, regardless of the fact of whether they are seeking an abortion or not, deserve excellent health care and that’s not what they are seeing right now because of the FDA’s actions.”

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