(NewsReady.com) – The Supreme Court is once again in a position to decide whether women should have access to abortions. This time, the nine justices will decide whether a medication approved two decades ago should remain on the market. If they rule against the drug, it could reverse a surprising spike in abortions.
On March 26, the Supreme Court heard arguments in the case against the abortion pill mifepristone. Pro-life activists want the justices to reverse recent policy changes by the Food and Drug Administration (FDA), making it easier to obtain the medication. Those eased restrictions have reportedly been a factor in the increase in pregnancy terminations, despite the reversal of Roe v. Wade in 2022.
In 2023, 63% of abortions were the result of mifepristone and a second drug. That is up from 53% in 2020. If the court rules against the drug, it could significantly decrease the number of abortions across the country.
However, CBS News reported that the justices appeared poised to reject the lawsuit challenging the medication. Solicitor General Elizabeth Prelogar told the SCOTUS that reversing the FDA’s actions would “inflict grave harm on women across the nation.” She pointed out a lower court ruling out of Texas, which ruled the FDA’s actions were unlawful, was the first time a court second-guessed the health agency’s decision about an approved medication.
The justices appeared unconvinced that the plaintiffs in the lawsuit had standing in federal court. They focused on whether the doctors who filed the lawsuit could prove they were harmed by the ease of access to the pill.
The case is the first time the court has addressed the issue of abortion since reversing federal protections on the bill. If the court decides the plaintiffs don’t have standing, it would allow the justices to reject the case without ruling on the underlying issue of whether the FDA’s decisions were lawful. That could leave the door open for another challenge to the restrictions.
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