The US Supreme Court has made a significant decision in favor of pro-choice activists by unanimously rejecting an effort to restrict access to the abortion pill mifepristone. This ruling comes two years after the court rescinded the nationwide guarantee to an abortion, marking a major win for those who support reproductive rights.
The plaintiffs in the case, a group of anti-abortion doctors and activists known as the Alliance for Hippocratic Medicine, argued that the US Food and Drug Administration (FDA) should withdraw approval for mifepristone. However, the justices determined that the plaintiffs did not have a legal right to sue, as they failed to demonstrate any actual harm from the availability of the drug.
Justice Brett Kavanaugh, writing for the court, stated that a plaintiff’s desire to make a drug less available for others does not establish standing to sue. This decision upholds the continued access to medication abortion, which is now the most common method of terminating pregnancies in the US.
While Thursday’s ruling is a victory for pro-choice activists, it does not impact the 21 states that have moved to restrict abortion earlier in pregnancy. Medication abortion remains illegal in states that prohibit abortion, but abortion pills have served as an effective workaround to these bans.
Pro-choice activists have welcomed the decision but cautioned that the fight to protect abortion rights is far from over. Anti-abortion groups have criticized the ruling and indicated that they will continue to push for restrictions on abortion pills.
The FDA approved the two-drug regimen for medication abortion in 2000, allowing for its use up to 10 weeks of pregnancy. Since then, the FDA has eased access to the drug, allowing for virtual appointments and prescriptions to be sent by mail. Nearly two-thirds of all abortions in the US are now medication abortions, according to the Guttmacher Institute.
Despite the ongoing debate surrounding abortion rights, mainstream medical organizations have maintained that both mifepristone and misoprostol are safe for use. Studies show that medication abortion is highly effective in ending pregnancy and requires further medical follow-up less than 1% of the time.
Overall, the Supreme Court’s decision to uphold access to the abortion pill mifepristone is a significant development in the ongoing battle over reproductive rights in the US.
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