Supreme Court to rule on FDA approval of abortion drug mifepristone

Call it wishful thinking or strategic amnesia, but just two years removed from its controversial decision ending a constitutional right to abortion, the Supreme Court is poised to decide another high-stakes appeal over nationwide access to the procedure. At issue is the federal government's approval process of the drug mifepristone, a medication used to terminate pregnancies.

New data from the Guttmacher Institute research group indicates nearly two-thirds of all abortions in the U.S. in 2023 rely on mifepristone. Abortion rights groups say the drug has been proven safe and that the court's decision could negatively impact 40 million women nationwide. Anti-abortion organizations counter that the U.S. Food and Drug Administration for two decades has unlawfully promoted a nationwide regime of on-demand abortion, in defiance of several state health and safety laws.

think it probably was a little premature to say that the court was going to be getting out of the abortion business entirely,' Thomas Dupree, a former top official in the justice department of former President George W. Bush. 'I think the justices are aware of the fact, obviously, that we're in an election year, but I don't think the fact that we're in an election year is going to be driving the outcomes of any of these decisions.

But recent legal challenges from anti-abortion groups questioned the FDA's original 2000 nationwide approval process – including recent revisions – for the drug used to terminate early pregnancies. Mifepristone is taken along with misoprostol, and the two-drug combination is known as medication abortion or the 'abortion pill.

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