The U.S. Supreme Court heard arguments Tuesday in a case that could determine the future availability of mifepristone, a medication used in medication abortions.
The Biden administration and the Food and Drug Administration (FDA) are challenging a lower court ruling that sought to suspend the drug's approval, which has been in place for over two decades. The legal battle centers on whether the FDA properly reviewed the drug's safety and efficacy when it expanded access to mifepristone in recent years.
Mifepristone is one of two drugs used in medication abortions, a procedure that accounts for more than half of all abortions in the United States. Opponents of abortion access argue that the FDA has not adequately considered the drug's risks, while supporters contend that it is safe and essential for reproductive healthcare.
The case, Food and Drug Administration v. Alliance for Hippocratic Medicine, could have significant implications for regulatory power and access to reproductive healthcare, regardless of the Supreme Court's final decision on mifepristone itself. A ruling against the FDA could empower other groups to challenge a wide range of the agency's drug approvals based on similar claims of improper review processes.
Oral arguments lasted approximately 2 hours and 15 minutes. Justice Samuel Alito expressed skepticism about the plaintiffs' standing to sue, questioning whether they had demonstrated sufficient harm to bring the case. However, other justices raised concerns about the potential consequences of allowing the FDA's actions to stand unchallenged, particularly regarding the drug's increasing use and distribution methods.