The Supreme Court will hear arguments over mifepristone on March 26. Mifepristone is a drug used in medication abortions and has been frequently challenged in courts across the country. Both the drug's FDA approval and regulations about who can prescribe and access the drug have been challenged. The Supreme Court will only consider mifepristone regulations, not the drug's overall approval.
Jennifer Hendricks is a professor at Colorado Law and studies family law, regulation of pregnancy and feminist theory. She gives her take on the upcoming case.
Professor Jennifer Hendricks
What is the Supreme Court considering in this case?
The use of mifeprsitone was recently challenged by a group of primarily anti-abortion doctors. The group sought to question the FDA's initial approval of mifepristone, as well as the FDA's decision to relax requirements for obtaining the drug. And they won both those arguments in the lower courts. Eventually, an appeals court upheld the FDA's initial approval of medication abortion and mifepristone but struck down the relaxation of restrictions. And that's what is now before the Supreme Court-the FDA's decisions on how and when mifepristone can safely and effectively be used.
What are the potential outcomes here?
If the Supreme Court upholds the FDA action, then nothing changes. All the lower court decisions are paused right now and the FDA hasn't had to change anything.
If they decide to strike down and overrule the FDA's changes in regards to the drug, a few things could happen. The justices may make everything clear in their decision. Then the FDA would have marching orders on what to do next. Or the court might think something needs to be reconsidered and send it back to a lower court.
What are pharmaceutical companies concerned about in this case?
The FDA's approval of mifepristone stands. But the second guessing of medical expertise and the FDA's expertise about medications that the lower courts engaged in was off the charts. That's one of the reasons why this case has been so prominent. It raises all sorts of concerns about access to abortion. It also makes drug companies wonder about the approval process and what other approved drugs could potentially be questioned or revoked one day.
