The Supreme Court unanimously rejected a petition to tighten restrictions on access to mifepristone, one of a combination of two drugs commonly used in abortions.
In a 9-0 decision written by Justice Brett Kavanaugh, the Supreme Court concluded that the anti-abortion doctors who brought the case lacked standing to challenge the Food and Drug Administration’s prior regulatory approval of the pill.
“These standing claims suffer from the same problem of lack of causation: the causal connection between FDA’s regulatory action and the alleged harms is either too speculative or too tenuous to establish standing,” Kavanaugh wrote in the opinion.
When the Supreme Court heard oral arguments on the case in March, the justices expressed strong skepticism about overturning the FDA’s approval of mifepristone.
The case, FDA v. Hippocratic Medical Union, will be the Supreme Court’s most significant decision on abortion since overturning Roe v. Wade in 2022. The Supreme Court is also hearing another abortion case out of Idaho.
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