The Supreme Court threw out a legal challenge to mifepristone, preserving access to the widely used abortion medication.
medication in the United States lack the necessary legal standing to challenge the legality of the drug, rejecting the bid to further restrict national access to medical abortion care.— a rare feat — Justice Brett Kavanaugh wrote that “the plaintiffs want FDA to make mifepristone more difficult for other doctors to prescribe and for pregnant women to obtain. Under Article III of the Constitution, a plaintiff ’s desire to make a drug less available for others does not establish standing to sue.
“As Justice Scalia memorably said, Article III requires a plaintiff to first answer a basic question: ‘What’s it to you?’” Kavanaugh wrote. “For a plaintiff to get in the federal courthouse door and obtain a judicial determination of what the governing law is, the plaintiff cannot be a mere bystander, but instead must have a “personal stake” in the dispute,” he added.
While conservatives have pushed the Supreme Court to end mifepristone’s FDA approval, the Supreme Court agreed to hear a version of the case focused on reversing changes made under Presidents Barack Obama and Joe Biden to expand access to mifepristone; as such, the case only pertained to limiting its availability, rather than banning it outright.
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