In this landmark case, the Supreme Court evaluated whether a coalition of anti-abortion organizations could challenge the Food and Drug Administration’s (“FDA”) approval of mifepristone and efforts to expand access to it. The FDA approved mifepristone in 2000 after extensive research and clinical studies showed mifepristone was safe and effective in medication abortions. The Fifth Circuit kept mifepristone on the market but imposed burdensome restrictions on access to it.
Women Lawyers on Guard Inc. joined an amicus brief prepared by over 230 advocacy organizations urging the Supreme Court to preserve access to mifepristone. The brief first explains that mifepristone’s well-documented safety record over the last twenty years supports FDA’s decision to approve it. Second, the brief asserts that re-imposing unduly harsh restrictions on access to mifepristone, the most common drug used for medication abortions, would carry profound consequences for women’s health and safety. As a result, women would be forced to either carry unwanted pregnancies to term or undergo procedural abortions, which carry substantially higher risks.
On June 13, 2024, the Supreme Court dismissed the case because the plaintiffs, a coalition of anti-abortion organizations, lacked standing. Since the Court did not rule on the merits, there are ongoing disputes regarding the availability of mifepristone. Currently, the Fifth Circuit in Food and Drug Administration v. Louisiana is deciding whether the FDA must reinstate in-person dispensing requirements. The FDA is also internally conducting a new review of mifepristone’s safety despite its long safety record.
To read the amicus brief, please click here. For more updates on Louisiana v. Food and Drug Administration, click here.
