Supreme Court allows access to abortion drug

The U.S. Supreme Court unanimously upheld access to a drug used in abortions in a ruling Thursday.

Supreme Court Justice Brett Kavanaugh wrote that while the plaintiffs had “sincere legal, moral, ideological, and policy objections” to the Federal Drug Administration’s relaxed regulation of the drug mifepristone, it wasn’t a federal issue.

“For that reason, the federal courts are the wrong forum for addressing the plaintiffs’ concerns about FDA’s actions,” Kavanaugh wrote.

The Justice also said there were other avenues to address their concerns.

“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,” Kavanaugh wrote.

The Food and Drug Administration approved the drug mifepristone in 2000 for use in terminating pregnancies up to seven weeks. In 2016, the FDA stated that the drug was safe to terminate pregnancies up to 10 weeks.

The FDA ended the initial in-person visit requirement for mifepristone to be prescribed in 2021 and four anti-abortion medical associations and many individual doctors asked for a preliminary injunction that would require that the FDA either rescind approval of mifepristone or rescind previous regulatory actions.

The District Court agreed with the anti-abortion plaintiffs and ordered mifepristone off the market, according to court documents. The ruling was appealed and the case was heard by the U.S. Supreme Court.

“But make no mistake: Republicans at every level across the country are still working in overdrive to take away our reproductive rights,” Emily’s List, a liberal political action committee that helps Democratic women who support abortion access get elected, wrote on X.