Supreme Court rejects challenge to abortion pill mifepristone: Here's a closer look at the case

The Supreme Court just upheld full access to a widely used abortion drug, mifepristone. In a 9-0 unanimous ruling issued on Thursday, the justices decided that the challengers who brought the case did not have standing, or a right to bring the lawsuit.

Justice Brett Kavanaugh, appointed by former President Donald Trump, wrote the opinion.

"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," Kavanaugh wrote.

🔎 What the ruling means

If the Supreme Court ruled against the Food and Drug Administration, restrictions on mifepristone would have reverted back to what they were when the drug was approved in 2000.

Since the Supreme Court tossed the case, prescriptions will still be allowed only during the first 10 weeks of pregnancy and the medication can still be prescribed over telehealth visits and be delivered by mail.

The ruling comes nearly two years after the Supreme Court overturned the federal right to an abortion established by Roe v. Wade. As a result of that historic decision, over a dozen states now have near-total abortion bans in place.

⬅️ How we got here

Mifepristone is one of two pills in a two-step drug regimen to induce an abortion during the early stages of a pregnancy. It’s also used to help with the treatment of miscarriages. Mifepristone, which is often paired with another drug called misoprostol, was approved by the FDA back in 2000.

The Supreme Court heard two cases consolidated together back in March: FDA v. Alliance for Hippocratic Medicine, and Danco Laboratories v. Alliance for Hippocratic Medicine.

The Alliance for Hippocratic Medicine is a group of anti-abortion rights physicians and organizations who originally challenged the FDA’s 2000 approval of mifepristone, claiming the FDA didn’t study it enough and the drug isn’t safe. The case ultimately worked its way through the courts, where their challenge is now focused on actions taken by the FDA in 2016 and 2021 to make the drug more accessible.

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