US Supreme Court appears skeptical of abortion pill case
During a hearing on Tuesday, the US Supreme Court displayed skepticism towards an attempt to limit access to mifepristone, a commonly used abortion medication.
Some justices questioned the appropriateness of challenging the drug’s federal approval, marking a significant abortion case since the national right to abortion was curtailed in June 2022. The outcome could have far-reaching implications for abortion access affecting millions.
At the heart of the case are decisions made by the FDA to relax restrictions on mifepristone since 2016. The Alliance for Hippocratic Medicine, a coalition of anti-abortion doctors and activists, filed a lawsuit in November 2022, arguing that the drug is unsafe and that the FDA improperly expanded access to it.
Despite numerous studies affirming mifepristone’s safety since its FDA approval in 2000, the group, which includes medical professionals, contends that their religious beliefs could be compromised by treating patients who use the drug to terminate pregnancies.
Elizabeth Prelogar, the US Solicitor General, argued that the doctors failed to demonstrate direct harm from the FDA’s decisions and cautioned that ruling in favor of the anti-abortion group could disrupt the drug approval process and harm women nationwide.
Several justices expressed doubts about the case’s foundation, with even conservative justices questioning whether the doctors suffered due to the rule changes.
Justice Amy Coney Barrett pressed the group’s attorneys on whether cited doctors were forced to terminate pregnancies against their will.
Others, both liberal and conservative, questioned the proportionality of the group’s claimed injuries to the changes they sought, which would limit access to mifepristone for millions.
Justice Neil Gorsuch raised concerns about the potential ramifications of ruling in favor of the anti-abortion group, suggesting it could set a precedent for individuals to challenge federal government actions on a national scale.
Liberal justices Justice Elena Kagan and Justice Ketanji Brown Jackson questioned why doctors weren’t protected by existing conscience objections to certain procedures like abortion.
Mifepristone, used alongside misoprostol for medical abortions, has become the most common method of abortion in the US. Its usage increased from 53% in 2020 to 63% in 2023, with over five million US women having used it to terminate pregnancies.
While the court previously declined to consider challenges to the FDA’s approval of the drug, a ruling against the FDA could significantly restrict access, reversing expansions made since 2016.
Abortion remains a highly contentious political issue in the US and is expected to play a significant role in the 2024 election, as evidenced by the competing voices at the steps of the Supreme Court, each advocating for their stance on the matter.
In total, a few hundred protesters gathered outside the court on Tuesday. Many waved signs that carried phrases like ‘abortion is healthcare’, ‘trust medical science’ and ‘we won’t go quietly back to the 1950s’.
Thirteen of the protesters were arrested for illegally blocking roads and a walkway, according to the US Capitol Police.
