The SCOTUS opinion did not take on the substance of the plaintiffs’ claims against mifepristone, and the abortion pill is already facing other challenges.
On June 13, 2024, the Supreme Court of the United States unanimously decided to uphold access to mifepristone, one of two pills used in medication abortion. Mifepristone has long been used safely and effectively in medication abortions around the world.
In 2016, the FDA expanded the time frame for prescription of mifepristone from seven weeks to 10 weeks gestation and allowed nonphysician health care providers, like nurse practitioners, to prescribe the pill. Then, in 2021, the FDA removed the in-person dispensing requirement and allowed certified pharmacies to distribute it.
The court ended by noting that even if no one has standing in this particular case, the issue may “be left to the political or democratic processes” through which opponents can voice their “concerns and objections.” But it is important to emphasize that the opinion did not take on legal questions concerning the validity of the FDA regulations or any other question concerning the FDA’s authority, which means many questions remain unanswered. For example, it is not fully clear to what extent the FDA regulations take precedence over state regulations regarding the prescription of mifepristone, which is at the heart of some of the lower court cases.
Second, states are already restricting access to the abortion pills. In May 2024, Louisiana made the decision to treat both mifepristone and misoprostol as controlled substances, meaning that the legislature concluded – albeit without scientific evidence – that there are dependence and abuse risks involved in taking the medication. Both pills are used for purposes other than medication abortion.
Abortion Pills Abortion Rights Anti-Abortion Dobbs Decision Dobbs V. Jackson Dobbs V. Jackson Women’S Health Organization Mifepristone SCOTUS US Supreme Court
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