The US Supreme Court has ruled unanimously to preserve access to the abortion pill mifepristone, rejecting a challenge from anti-abortion activists. In a 9-0 decision on Thursday, the court found that the plaintiffs lacked legal standing to bring the case, marking a significant victory for abortion rights supporters.
The case, a consolidation of Food and Drug Administration v Alliance for Hippocratic Medicine and Danco Laboratories LLC v Alliance for Hippocratic Medicine, challenged the FDA's authority to expand access to mifepristone. The drug is used in over 60% of US abortions, and the FDA had previously allowed measures such as mailing the medication to patients.
Justice Brett Kavanaugh, writing for the majority, stated that the plaintiffs—who do not prescribe, manufacture, sell, or advertise mifepristone—failed to demonstrate any direct monetary, property, or physical injuries from the FDA's actions. This ruling was a rare moment of consensus on the divisive issue of abortion.
Justice Clarence Thomas wrote a concurring opinion focusing on legal standing, while abortion rights advocates expressed relief but cautioned that further challenges could arise. Three states have already joined the case at a lower-court level, and a potential Trump presidency could see renewed restrictions under a 19th-century anti-obscenity law.
Democratic lawmakers, including Senator Elizabeth Warren and Representative Pramila Jayapal, hailed the decision but called for codifying reproductive rights nationwide. The Supreme Court has yet to rule on a second abortion case this term concerning a federal law on hospital emergency care.
