At stake in Tuesday's arguments is the ease of access to a medication used last year in nearly two-thirds of U.S. abortions.The high court's return to the abortion thicket is taking place in a political and regulatory landscape that was reshaped by the abortion decision in 2022 that led many Republican-led states to ban or severely restrict abortion.
The scene outside the Supreme Court was lively Tuesday morning, with demonstrators occupying the streets surrounding the court and groups on both sides of the issue marching and chanting. The police blocked traffic surrounding the court as well. President Joe Biden's administration and drug manufacturers warn that such an outcome also could undermine the FDA's drug approval process more widely by inviting judges to second-guess the agency's scientific judgments.
In one possible resolution, the justices could avoid touching on the more politically sensitive aspects of the case while preserving access to mifepristone. The administration and Danco argue that the challengers lack the legal right, or standing, to sue. If the high court agrees, it would essentially dismiss the case and erase the appellate ruling.The mifepristone case began five months after the Supreme Court overturned Roe v. Wade.
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