On Thursday, June 13, the Supreme Court maintained access to the abortion pill, mifepristone. This medication, in conjunction with misoprostol, was used in nearly two-thirds of all U.S. abortion and miscarriage treatments last year. This marked the first abortion-related case since the court overturned the federal right to abortion in Dobbs v. Jackson.
This case stirred the pot on two hot topics: the status of abortion care in the post-Dobbs landscape and the strength of the FDA's regulatory approval powers, which drew attention from various stakeholders. The case initially aimed to challenge the FDA's approval of mifepristone but was narrowed down to focus on the legality of the agency's actions in broadening distribution in 2016 and 2021.
The ruling, while a victory for abortion rights groups in preserving access to the pill, skirted any substantive decision on the case's merits, with the court's emphasis on the plaintiff's lack of standing feeling more like a procedural rubber stamp. This cautious approach prevented the court from handing a clear win to any political side.
In a statement after the ruling, President Biden said the “decision does not change the fact that the fight for reproductive freedom continues. … It does not change the fact that the Supreme Court overturned Roe v. Wade two years ago, and women lost a fundamental freedom.”