The Supreme Court is set to deliberate on a pivotal reproductive rights case involving the availability of abortion pills, marking a significant moment since the 2022 Dobbs ruling which revoked the federal right to abortion.
This shift led to increased restrictions across states and a surge in the use of mifepristone, a key component of medical abortions, now accounting for two-thirds of all abortions in the U.S. The challenge seeks to overturn FDA rules that have eased access to these pills by enabling online prescriptions and mail delivery.
The implications of this case are profound, potentially restricting access to millions and placing additional strain on clinics offering surgical abortions, especially as they accommodate individuals from states with stringent bans.
The FDA’s relaxed regulations under scrutiny allowed greater access to the drug, benefiting those in remote areas or without transportation. However, even if the court imposes restrictions, a complete ban on the abortion pill is unlikely, given the limited scope of the current challenge.
Key justices to watch include Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett, whose votes could be crucial for the outcome. The case will examine the FDA’s authority and the evidence it considered in expanding access to mifepristone. Legal standing and the reliability of data cited by anti-abortion groups are also contentious points.
The decision, expected in June, could significantly impact the 2024 election, with abortion access becoming a pivotal issue. The Biden campaign has highlighted the case as emblematic of the broader threat to reproductive rights, especially under Trump’s influence, who has appointed three conservative justices pivotal in overturning Roe v. Wade and has suggested a federal abortion ban.
