Unanimous Supreme Court Rejects Abortion Pill Challenge
It’s been a whirlwind year or so for mifepristone, part of a two-drug regimen commonly prescribed to induce abortions and one whose legal status was thrown into question by an Alliance for Hippocratic Medicine (AHM) lawsuit. But a Supreme Court decision released today puts an end to the uncertainty (for now), ruling that the group did not have standing to bring the case.
“The plaintiffs do not prescribe or use mifepristone. And FDA is not requiring them to do or refrain from doing anything,” noted Justice Brett Kavanaugh in the Court’s opinion, which was unanimous.
“Rather, the plaintiffs want FDA to make mifepristone more difficult for other doctors to prescribe and for pregnant women to obtain,” pointed out Kavanaugh. “Under Article III of the Constitution, a plaintiff’s desire to make a drug less available for others does not establish standing to sue. Nor do the plaintiffs’ other standing theories suffice. Therefore, the plaintiffs lack standing to challenge FDA’s actions.”
Mifeprex, a brand-name version of mifepristone, was approved by the Food and Drug Administration (FDA) in 2000. The AHM and four doctors challenged both this initial approval and the FDA’s later approval of generic equivalents, as well as the FDA’s more recent loosening of rules for their prescription.
In 2023, U.S. District Judge Matthew Ka
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.