On Thursday, the United States Supreme Court rejected the appeal put forth by anti-abortion activists and doctors to withhold access to a pill used in 60% of abortions across the nation. The judges unanimously overturned last year’s lower court decision restricting access to mifepristone.
The justices ruled that the plaintiffs, a group of anti-abortion doctors and activists called the Alliance for Hippocratic Medicine, lacked the legal right to sue. The plaintiffs argued that the FDA’s approval of mifepristone should be revoked on moral and ideological grounds. However, the desire to restrict the availability of a drug for others without concrete evidence does not provide sufficient grounds for legal standing.
The ruling marks a major defeat for the anti-abortion movement in the first significant Supreme Court case on reproductive rights since the conservative majority overturned Roe v. Wade in 2022.
After Roe v. Wade’s landmark judgment, abortion pills remain banned in Republican-controlled states. However, abortion pills have served as an effective workaround to the bans, with thousands of pills being sent by mail to these states.
Pro-choice vs Pro-life on the Ruling
Pro-choice activists felt reassured that access to abortion pills was maintained but cautioned that the Supreme Court’s decision was a limited victory. “This ruling is not a ‘win’ for abortion; it simply maintains the status quo,” stated Nancy Northup, president of the pro-choice Center for Reproductive Rights. She warned that attacks on abortion pills would persist as the anti-abortion movement recognizes their importance in the post-Roe world.
Anti-abortion groups also criticized the decision, signaling that their efforts would continue. Katie Daniel, state policy director for Susan B. Anthony Pro-Life America, expressed her displeasure: “It is a sad day for all who value women’s health and unborn children’s lives. But the fight to stop dangerous mail-order abortion drugs is not over.”
For decades, conservative religious groups have stressed the significance of abortion limitations. Liberals opposing government restrictions on abortion argue that the procedure is integral to a woman’s medical care, personal decisions, and bodily autonomy.
Trump and Biden on Abortion Policy
In the last few months, the 2024 Presidential Election Candidate, Donald Trump, has urged members of his party that a strict abortion ban is a politically detrimental move. While being conservative and anti-abortionists, Republicans claim that Democrats use reproductive freedom and abortion rights to criticize them.
On Thursday morning, addressing the House of Republicans, Trump appeared to support exceptions to anti-abortion laws, stating, “Like Ronald Reagan, you have to have three choices: the life of the mother, rape, and incest.” He added that, ultimately, one must follow their own beliefs.
Biden praised the Supreme Court’s decision regarding the abortion pill, highlighting that the ruling “does not alter the reality that accessing necessary treatment remains threatened or unattainable in numerous states for women.”
“However, it’s important to clarify: efforts to restrict medication abortion are a component of Republican elected officials’ radical and hazardous agenda to outlaw abortion across the country,” Biden stated in a release.
Current Developments in Medication Abortion Regulations
Three states—Idaho, Kansas, and Missouri—are poised to challenge the FDA’s decision-making on mifepristone, potentially bringing the issue back to the Supreme Court.
States are already tightening access to abortion pills. Louisiana recently categorized both mifepristone and misoprostol as controlled substances, alleging risks of dependence and abuse without scientific backing. These medications serve purposes beyond abortion.
In North Carolina, a federal judge upheld some state restrictions on medication abortion. These include a mandatory 72-hour in-person consultation before prescription and an in-person examination and ultrasound. The judge reasoned that these regulations extend beyond ensuring safe mifepristone use to broader medical profession oversight.
However, she struck down parts of the law prohibiting pharmacy distribution, home use of the pills, and the requirement for an in-person follow-up. These provisions contradicted FDA directives removing such restrictions.
