US Supreme Court rules against bid to restrict access to abortion pill mifepristone

A ruling in favour of the plaintiffs could have threatened the regulatory authority of the Food and Drug Administration over drug safety.

“Under Article III of the Constitution, a plaintiff’s desire to make a drug less available for others does not establish standing to sue,” Justice Kavanaugh wrote. The case represents another front in the intensifying battle over abortion rights in the United States. The Supreme Court, which has a 6-3 conservative majority, in 2022 overturned its 1973 Roe v Wade precedent that had legalised abortion nationwide, prompting numerous states to enact Republican-backed measures banning or sharply restricting the procedure.

The plaintiffs, led by the Alliance for Hippocratic Medicine, argued that the FDA acted contrary to its mandate to ensure medications are safe when it eased the restrictions on mifepristone. The plaintiffs accused the FDA of violating a federal law governing the actions of regulatory agencies. After the administration appealed, the New Orleans-based 5th US Circuit Court of Appeals did not go as far as Judge Kacsmaryk but still ruled against the FDA’s decisions in 2016 and 2021 widening access to the pill. The 5th Circuit’s ruling was placed on hold pending the Supreme Court’s review.

Source: Law Daily Report (lawdailyreport.net)

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