Reproductive justice scored a victory in the first major abortion-related case since Roe v. Wade was overturned.
In a unanimous opinion issued June 13, the U.S. Supreme Court dismissed a challenge to the availability of mifepristone. Also known as “mife,” mifepristone is one of two drugs most often used in this country for medication abortions. More than 6 million people have used mifepristone since it was approved by the FDA in 2000.
The challenge was brought by a group of anti-abortion doctors and associations who claimed that they were harmed by the FDA’s decision to make mifepristone easier to access. Yes, they were alleging that other people’s use of a safe and effective medical treatment harmed them. Even though they do not make or sell a competing drug. Even though they never prescribed the drug. Even though they were never forced to treat anyone who had complications from the drug. As the court decision aptly noted, these plaintiffs were trying to challenge the FDA’s regulation “of others.”
So, the critical question was whether the plaintiffs in the case even had the right to be in court.
The court said no.
As we have said before, allowing this group to undercut the FDA’s authority would open the courthouse door to every aggrieved health care professional who disagrees with a public health decision. Thankfully, the court agreed.
We know extremists will continue to try to limit abortion heath care. And we remain in the fight. But for today, we celebrate.
Read the Full Supreme Court Opinion
Last year, Legal Voice and Perkins Coie filed an amicus brief in support of the FDA’s appeal to the Fifth Circuit. We argued that blocking access to mifepristone would be especially harmful to survivors of intimate partner violence. Many survivors need access to abortion but face many barriers getting care due to coercive control by abusers, lack of resources, difficulty traveling, safety concerns. Learn more.
