Supreme Court seems likely to preserve access to the abortion medication mifepristone

Even three justices who were in the majority to overturn Roe v. Wade posed skeptical questions about standing to the lawyer for the abortion opponents.In nearly 90 minutes of arguments, a consensus appeared to emerge that the abortion opponents who challenged the FDA's approval of the medication, mifepristone, and subsequent actions to ease access to it lack the legal right, or standing, to sue.

Even three justices who were in the majority to overturn Roe posed skeptical questions about standing to the lawyer for the abortion opponents. Justices Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh are former President Donald Trump’s three Supreme Court appointees. That ruling had immediate political consequences, and the outcome in the new case, expected by early summer, could affect races for Congress and the White House.

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. The mifepristone case began five months after the Supreme Court overturned Roe v. Wade. Abortion opponents initially won a sweeping ruling nearly a year ago from , a Trump nominee in Texas, which would have revoked the drug’s approval entirely. The 5th U.S. Circuit Court of Appeals left intact the FDA’s initial approval of mifepristone. But it would reverse changes regulators made in 2016 and 2021 that eased some conditions for administering the drug.

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