Supreme Court upholds access to widely used abortion pill

The US. Supreme Court has upheld access to the widely available abortion pill mifepristone, rejecting a bid from anti-abortion organizations and doctors to overturn the Food and Drug Administration’s (FDA) approval of the medication on Thursday.

According to New York Times, the out held that the plaintiffs lacked standing to challenge the FDA’s actions in a unanimous decision written by Justice Brett M. Kavanaugh.

This case, which originated in Texas, highlighted the ongoing battles over abortion access following the Supreme Court’s decision to overturn Roe v. Wade.

Despite the conservative majority’s prior declaration to cede the abortion issue to “the people and their elected representatives,” the challenge brought the issue back to the court.

The challenge was initiated by an umbrella group of anti-abortion medical organizations and several doctors who filed a lawsuit in Amarillo, Texas, in the fall of 2022.

They contested the FDA’s longstanding approval of mifepristone and the changes implemented in 2016 and 2021 that broadened the pill’s distribution through telemedicine and mail.

During oral arguments, the justices appeared skeptical of efforts to severely restrict access to the abortion pill, questioning whether the plaintiffs had the legal right to file the lawsuit.

Mifepristone, used in combination with misoprostol, is one of two drugs employed in medication abortions.

It works by blocking the hormone progesterone, necessary for pregnancy continuation, while misoprostol induces uterine contractions to expel the pregnancy.

In the United States, studies have shown that this combination is more than 99 percent effective in causing a complete abortion and is as safe as a clinic-administered procedure.

Research published in The Lancet in 2022 found that patients generally express satisfaction with medication abortions, which have low rates of adverse events.

While the FDA-approved method involves using both mifepristone and misoprostol, misoprostol alone can also end a pregnancy and is widely available over the counter in many countries, including Mexico.

The World Health Organization recommends medication abortion up to 12 weeks at home and after 12 weeks in a medical setting, though the FDA approves its use up to 10 weeks.

During the COVID-19 pandemic, medication abortions became more prevalent as patients sought to avoid in-person clinic visits.

This was facilitated by federal regulation changes that allowed prescriptions via telemedicine and pharmacy fulfillment.

Following the Supreme Court’s Dobbs ruling, which led to nearly two dozen states banning or restricting abortion, some women in these states have turned to mail-order abortion pills.

Clinicians and foreign nonprofit groups have also mailed pills into states with bans, protected by shield laws.

The court’s decision does not impact the availability of overseas pills, which operate outside the legal U.S. healthcare system.