Mifeprex
New York Times/Michelle Mishina-Kunz

In a high-stakes hearing before the U.S. Supreme Court on Tuesday, the justices considered a challenge to the Food and Drug Administration's regulation of mifepristone, the first pill in a two-drug regimen for medication abortion, which is the most common method of abortion in the country. This marks the first major reproductive rights case before the high court since Roe v. Wade was overturned in 2022. A decision is expected by the end of June.

As per reports from ABC News, the Alliance for Hippocratic Medicine, a group of anti-abortion medical organizations, challenged the FDA's approval of mifepristone. They argued that the FDA's decisions in 2016 and 2021, which relaxed restrictions on the drug, were unsound. The group claims that mifepristone is not safe and that the FDA didn't adequately study it before approval.

Details from NBC News shed light on the Supreme Court's consideration of the challenge, with justices probing whether the plaintiffs had legal standing to bring the case. The plaintiffs argued that the FDA failed to adequately evaluate the drug's safety risks. However, both conservative and liberal justices questioned whether the plaintiffs could show direct injury merely because they object to abortion.

During oral arguments, Solicitor General Elizabeth Prelogar defended the FDA's approval process, arguing that the plaintiffs' claims of harm were speculative and hypothetical. Prelogar also warned of the potential harm to women if the FDA's decisions were overturned, emphasizing the FDA's expert judgment and the safety of the drug when used as directed.

The case has drawn significant attention, with competing protests outside the Supreme Court building. Abortion-rights activists and anti-abortion groups have demonstrated their positions, reflecting the broader societal debate surrounding abortion access in the United States.

More than half of all abortions in the U.S. are done via medication, and any restrictions on mifepristone could impact patients' ability to access safe and timely abortion care.