The US Supreme Court has unanimously ruled that an abortion pill, mifepristone, will not be banned at a national level.
The Alliance for Hippocratic Medicine (AHM), an anti-abortion group, had argued the drug is unsafe and should not have been approved by the Food and Drug Administration (FDA).
However, the decision won’t change current access to the pill. This means it will still be banned in many states that have anti-abortion laws.
Medical abortions
‘Medical’ abortions are induced using two medications. Mifepristone stops the body’s production of pregnancy hormones, and misoprostol empties the uterus. In Australia, this combination is called MS-2 Step, and can be prescribed by any health practitioner with appropriate training.
The pills can be taken to intentionally terminate a pregnancy up to 10 weeks after conception. Additionally, it can be used to assist with miscarriages.
Further, the FDA approved mifepristone in 2000, and has relaxed many of the restrictions to accessing it in recent years.
The case
Anti-abortion group AHM brought the case against the FDA for approving mifepristone, and for making it easier to access. If their case had been successful, access to mifepristone would have been restricted nationwide.
The Court unanimously found the case was invalid because AHM members have not, and will not, use mifepristone, and wouldn’t be directly affected by anyone else using it.
“The plaintiffs do not prescribe or use mifepristone… Rather, [they] want FDA to make mifepristone more difficult for other doctors to prescribe and for pregnant women to obtain… [Their] desire to make a drug less available for others does not establish standing to sue.”
Supreme Court Justice Bret Kavanaugh, who wrote the decision on behalf of the Supreme Court justices.
Response
The US Department of Justice, which represented the FDA, said it was “gratified” by the decision. It referenced data showing “more than half” of abortions in the U.S. involved mifepristone.
US President Joe Biden said the decision “does not change the fact that the right for a woman to get the treatment she needs is imperiled if not impossible in many states.”
Further, the Alliance Defending Freedom (ADF), which represented AHM in court, said it was “disappointed” by the decision.
“While we’re disappointed with the court’s decision, we will continue to advocate for women and work to restore commonsense safeguards for abortion drugs,” said ADF lawyer Erin Hawley.
