The US Supreme Court appeared sceptical about limiting access to the abortion drug mifepristone during a hearing on Tuesday (Mar 26). As per reports, the top court signalled that it was unlikely to go through with such a limitation and questioned the appropriateness of challenging the drug’s federal approval.
What the case is all about
The case revolves around decisions made by the US Food and Drug Administration (FDA) to ease restrictions on mifepristone’s use since 2016. A number of anti-abortion groups and doctors, including the Alliance for Hippocratic Medicine, a group of anti-abortion doctors and activists, are challenging the drug and how safe it is.
In November 2022, they filed a lawsuit alleging that mifepristone, which was first approved by the FDA in 2000, is unsafe and that the FDA inappropriately expanded its access.
Despite numerous studies demonstrating mifepristone’s safety, the group argued that its members could be harmed by treating patients who used the drug. As per BBC, they also argued that doing so would be against their religious beliefs.
The arguments
US Solicitor General Elizabeth Prelogar argued that the doctors failed to show direct harm from the FDA’s decisions. She cautioned that ruling in favour of the anti-abortion group would “severely disrupt the federal system for developing and approving drugs” and “inflict grave harm on women across the nation.”
Interestingly, several justices, including conservative ones who have previously supported anti-abortion individuals, were seen questioning the validity of the case.
Justice Amy Coney Barrett, a Donald Trump appointee, as per the report pressed the group’s attorneys on whether doctors cited in the case had been forced to terminate pregnancies against their will.
Another conservative judge, Justice Neil Gorsuch expressed concern whether the case could lead to “a handful of individuals” turning a “small lawsuit into a nationwide legislative assembly on an FDA rule, or any other federal government action”.
The liberal justices, Justices Elena Kagan and Ketanji Brown Jackson, questioned why doctors were not protected by their right to lodge conscience objections.
Why is this case important?
This case marks a significant abortion case since the overturning of the Roe v. Wade judgement and the end of the national right to abortion in June 2022. It has potential implications for millions of women.
Furthermore, the case comes just ahead of the US Presidential elections 2024, where abortion a contentious political issue will likely be a major factor.
Mifepristone is used in combination with misoprostol for medical abortions, which accounted for 63 per cent of all abortions in 2023 in the US.
While the top American court had previously declined to consider a challenge to the FDA’s approval of the drug, a ruling against the FDA could limit access by rolling back expansions since 2016.
(With inputs from agencies)
