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The current makeup of the U.S. Supreme Court has already overturned Roe v. Wade. Now, as NBC News reported, the justices are poised to take up another major case related to reproductive rights.
The Supreme Court on Wednesday took up a high-stakes legal battle that could lead to a definitive decision on whether the drug most commonly used for medication abortions will continue to be easily available, including by mail. The court agreed to weigh appeals from the Biden administration and drugmaker Danco defending several Food and Drug Administration decisions that made it easier to access and use the mifepristone pill. Danco makes the brand version of the pill, Mifeprex.
For those who might benefit from a refresher, let’s revisit our coverage from April and review how we arrived at this point.
Late on Good Friday, U.S. District Judge Matthew Kacsmaryk suspended the Food and Drug Administration’s approval of mifepristone. For those unfamiliar with the medication, the FDA approved it nearly a quarter of a century ago, to be used as part of a two-step process to terminate unwanted pregnancies up to 10 weeks. The drug has proven to be safe, effective, and commonly used.
According to a notorious Trump-appointed judge and longtime anti-abortion activist in Texas, access to this safe, effective, and commonly used medication had to be curtailed across the country, as part of a court ruling that was widely panned as a "travesty" and “indefensible.”
The case then went to the 5th U.S. Circuit Court of Appeals, one of the nation’s most conservative benches, which upheld parts of Kacsmaryk’s ruling. It did not take effect, however, pending review from the Supreme Court, which is expected to issue a decision by June.
As for what question, specifically, the justices will try to answer, NBC News’ report added that the case won’t explore abortion rights, per se.
The court will instead focus on later FDA actions from 2016 onward that made it easier to access the pill, including the initial 2021 decision that made it available by mail, which was finalized earlier this year. Also under review are the 2016 decisions to extend the window in which mifepristone could be used to terminate pregnancies from seven weeks’ gestation to 10 weeks and reduce the number of in-person visits for patients from three to one. In another 2016 move, the FDA altered the dosing regimen, finding that a lower dose of mifepristone was sufficient.
Given recent history, it’s probably best for reproductive rights advocates to keep their expectations low. Indeed, Justice Samuel Alito has already given a big hint as to his perspective on the matter.
That said, the implications of this case aren’t limited to a common abortion pill. As a New York Times report noted, the dispute “could also have implications for the regulatory authority of the Food and Drug Administration” — and depending on the scope of the ruling, perhaps even other government agencies’ regulatory authority. Watch this space.
This post updates our related earlier coverage.