Supreme Court rejects challenge to abortion pill mifepristone, allowing drug to stay on the market

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The Supreme Court on Thursday rejected a lawsuit challenging the Food and Drug Administration’s approach to regulating the abortion pill mifepristone with a ruling that will continue to allow the pills to be mailed to patients without an in-person doctor’s visit.

The ruling is a significant setback for the anti-abortion movement in what was the first major Supreme Court case on reproductive rights since the court’s conservative majority overturned Roe v. Wade in 2022. Justice Brett Kavanaugh wrote the opinion for a unanimous court. The court ruled that the doctors and anti-abortion groups that had challenged access to the drug did not have standing to sue.

Under the Constitution, Kavanaugh wrote, “a plaintiff’s desire to make a drug less available for others does not establish standing to sue.” “Citizens and doctors who object to what the law allows others to do may always take their concerns to the Executive and Legislative Branches and seek greater regulatory or legislative restrictions on certain activities,” he wrote.

 

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