drug mifepristone through the mail, hinged on whether the anti-abortion doctors association that brought the case had standing to sue in the first place., centers on whether the Food and Drug Administration overlooked health and safety issues when it loosened restrictions around mifepristone, one of the two drugs used in medication abortion, in 2016 and 2021. The FDA approved mifepristone in 2000, and the medication has since been used by nearly 6 million people in the U.S.
Roberts wanted to know whether the alliance could obtain standing if FDA data showed a “significant number of consequences” or “higher likelihood of an emergency room visit” from the change in the agency’s rules for mifepristone distribution. Justice Elena Kagan repeatedly questioned Erin Hawley, senior counsel for Alliance for Defending Freedom, which represented Alliance for Hippocratic Medicine, about the plaintiffs’ standing for the case, which Kagan described as “probabilistic.”
U.S. District Court Judge Matthew Kacsmaryk, a far-right Donald Trump nominee, agreed with Alliance despite the complainants’ lack of standing to bring the case in the first place. Kacsmaryk ruled that the FDA “manipulated and misconstrued” certain parts of the drug approval process in order “to greenlight elective chemical abortions on a wide scale.
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