Supreme Court to Make Monumental Decision on Abortion
Molly O’Brien
April 17, 2024
On March 26, 2024, the Supreme Court of the United States heard arguments in the case of the Food and Drug Administration (FDA) versus the Alliance for Hippocratic Medicine (AHM), a collective of anti-abortion groups. The case concerns Mifepristone, a drug used in most medical abortions.
Mifepristone, also known as RU-486, was first developed in 1980 and came into use in France in 1987. The drug was brought to the United States by a woman from the United Kingdom Leona Brenton who was stopped and interrogated by U.S. Customs and Border Protection. Benton intended to import a single dosage to administer an abortion. Petitioners in the case filed suit in the District Court in New York to promptly return the drug to Benten; however, it was stayed by the court. Ultimately, Benten lost her case, but the legal proceeding brought Mifepristone into the national spotlight. Benten’s case started the movement to overturn the FDA’s ban on the drug. In 1993, after being elected, President Bill Clinton ordered the Department of Health and Human Services to investigate Mifepristone’s use for medication abortion. Despite the FDA’s recommendation for approval, legal and manufacturing challenges delayed the drug’s approval until September 2000. In 2019, the first generic form of mifepristone in the United States became available, manufactured by GenBioPro. Since its approval, Mifepristone has been responsible for over 6 million abortions.
In 2023, medication abortion accounted for 63% of all US abortions, with Mifepristone being used for two-thirds of them. Medical abortions are done in the clinic using medications, such as Mifepristone. The medication blocks the hormone progesterone and begins to end the pregnancy. Then, 48 hours later, patients take Misoprostol to fully terminate the pregnancy. Not only does Mifepristone work to terminate unwanted pregnancies, but it also works to help patients who are experiencing a miscarriage, as it prepares the body to empty the uterus. Many scientists conclude that Mifepristone is both effective and safe; however, it is now classified as a “dangerous drug” by the Risk Evaluation and Mitigation Strategy (REMS) under the FDA.
The case began five months after the overturning of Roe vs Wade. Opponents of abortion initially won a ruling last year from U.S. District Judge Matthew Kacsmaryk, a Trump nominee in Northern Texas. If passed, the ruling would have revoked Mifepristone’s approval entirely. The 5th U.S. Circuit Court of Appeals kept the FDA’s initial approval, but it reversed changes made in 2016 and 2021 that eased conditions for administering the drug. The Supreme Court put the court of appeal’s altered ruling on hold before agreeing to hear the case.
The court heard the case on March 26, 2024, listening to almost 90 minutes of arguments. The judges reached a consensus that abortion opponents lacked the legal right or standing to file a lawsuit. This ruling would maintain the existing rules and regulations, enabling patients to obtain Mifepristone by mail, bypassing the requirement for a doctor’s appointment, and use the medication to induce abortion up to ten weeks into pregnancy.
If the court opts for the no-standing route, it would avoid heightened political attention to the issue. The ruling, which is expected as early as the beginning of the summer, could affect congressional and presidential races this November.
Another abortion case is already in the works. The judges are expected to hear arguments on the Emergency Medical Treatment and Labor Act (EMTALA). The act allows hospitals to do emergency treatments regardless of the patient’s ability to pay. The case is to decide whether abortions are included in the word emergency, and if it can be done in states where abortion is outlawed.