Supreme Court hears oral arguments on major abortion pill case

The Supreme Court justices appeared skeptical of a nationwide abortion pill ban during oral arguments on whether to restrict access to a widely used abortion drug. The case concerns mifepristone, one of two drugs used in medication abortion, which is the most common method of abortion in the US. Conservative and liberal justices questioned the need for a nationwide ban when doctors can conscientiously object or pursue narrower remedies. Some conservatives questioned the argument that doctors who oppose the drug can’t sue the FDA. The case centers around the FDA’s authority to regulate mifepristone, which is deemed safe and effective by the medical community. The Biden administration and the drug manufacturer want to reverse changes that made the drug more accessible. This case is significant as it is the most significant abortion case since Roe v. Wade was overturned in 2022, ending nationwide abortion rights protection.

Abortions in the US are on the rise, despite bans in several states since the US Supreme Court’s Dobbs decision that revoked the federal right to abortion. The Guttmacher Institute released a report that shows over 1 million abortions in the US in 2023, a 10% increase from 2020. Medication abortion is becoming a more common option, with an increase in the number of abortions provided in almost every state. States bordering those with bans saw particularly large increases.

Mifepristone, a medication used in abortion procedures, is proven to be safe and effective. It is on par with over-the-counter pain relievers. Although there are some common side effects, complications are rare, occurring in 0.4% of cases. Studies show that mifepristone is even safer than some common prescription medications. The risk of death from mifepristone is significantly lower than the risk associated with other drugs such as penicillin or Viagra.

The Supreme Court is currently hearing arguments on whether restrictions on the use and access of mifepristone should be reinstated. The changes made in 2016 and 2021 by the FDA allowed for increased access to mifepristone by extending the termination of pregnancy timeline and eliminating the in-person dispensing requirement. The Alliance Defending Freedom argued that the FDA did not provide sufficient justification for these changes, while the drug manufacturer, Danco Laboratories, stated that the changes were based on real-world experience and did not require clinical studies.