GOP States Double Down on Fighting Medication Abortion After Supreme Court Keeps It Legal
Introduction:
The U.S. Supreme Court recently dismissed a challenge to the FDA’s approval of mifepristone, a common gynecological drug used for medication abortion. The unanimous ruling stated that the plaintiffs did not have legal standing to bring the suit. This decision keeps mifepristone legal across the country, at least for now.
The Plaintiffs’ Lack of Standing:
Under the Constitution, a plaintiff must be suffering some concrete injury to bring a federal lawsuit. In this case, the suit was brought by anti-abortion advocates who neither provide abortion care nor prescribe mifepristone. They claimed that they may be forced to treat a patient suffering complications from taking mifepristone in the future, which they believed gave them the right to sue. However, the Supreme Court rejected this argument, stating that their desire to make the drug less available for others does not establish standing to sue.
Safety of Mifepristone:
The plaintiffs have long made false claims about the safety of mifepristone. Recent research supporting these claims was retracted by its publisher. The Supreme Court’s ruling seems to acknowledge that mifepristone is safe and that there is no evidence of increased safety issues or drug complications due to the FDA’s actions.
Future Legal Status:
Although the Supreme Court dismissed the Alliance’s claims, the future legal status of mifepristone is still uncertain. States like Missouri, Kansas, and Idaho have sought to intervene in the lawsuit, arguing that they have a “quasi-sovereign interest” in protecting women’s health and welfare against the dangers of mifepristone. While their efforts to join the legal action before the Supreme Court were denied, their intervention attempts are still ongoing in lower courts.
Idaho’s Fight Against Abortion Access:
Idaho is also fighting to roll back abortion access in other ways. The Supreme Court is expected to rule on Idaho v. United States, where the state is challenging a federal law that requires hospitals to provide emergency medical treatment, including abortion. This ruling could have significant implications for abortion access.
The Cynical Endeavor of the Alliance:
The Alliance for Hippocratic Medicine, the group behind the lawsuit, has long claimed that mifepristone is a dangerous drug and should be banned. However, their claims lack scientific backing. The Alliance incorporated just three months before filing the lawsuit, seemingly to draw a far-right judge who issued a nationwide injunction blocking the use of mifepristone. While the 5th U.S. Circuit Court of Appeals disagreed with the ban, they did restrict the FDA’s recent moves to increase its availability.
Dubious Arguments:
During oral arguments, the Alliance’s lawyer struggled to present a coherent argument for why her clients had standing to sue. She claimed that mifepristone was so dangerous that it would flood medical facilities with patients suffering complications. However, the court dismissed these arguments as speculative and lacking evidence. The court also did not address the Comstock Act, which some argued could restrict the distribution of mifepristone.
The Court’s Opinion:
The court focused on the Alliance’s lack of standing and dismissed the case on those grounds. The organizations had not shown any concrete injury from the FDA’s approval of mifepristone. Additionally, the individual doctors’ arguments were deemed too speculative. The court’s opinion acknowledged the safety of mifepristone and stated that there was no evidence to suggest increased patient demand or diversion of attention from other patients.
Conclusion:
While the Supreme Court’s ruling keeps mifepristone legal for now, the future legal status remains uncertain. GOP-led states are continuing their fight against medication abortion through intervention attempts and other legal challenges. The safety of mifepristone has been affirmed by the court, but anti-abortion groups continue to make false claims about its dangers. The case now returns to the 5th Circuit to follow the Supreme Court’s ruling.
