Supreme Court Abortion Pill Case Begs the Question: Will the Majority Let Reason Prevail?

Demonstrators march towards the U.S. Capitol and the Supreme Court on March 26, 2024. . The case concerns the drug mifepristone, one of the two medications used to complete a self-induced abortion.

In Tuesday’s case, the Alliance for Hippocratic Medicine and physician plaintiffs challenged the 2016 and 2021 changes. The plaintiffs would like the FDA regulations to shift back to what they were in 2000—which would make the contemporary regulation of mifepristone out of sync with evidence. Justice Ketanji Brown Jackson sought to understand what scope the Court should have in overturning agency decisions.

Solicitor General Elizabeth Prelogar offered a highly deferential view—that the Court is not equipped with the evidence or expertise to overturn regulations put into place by the FDA.A second major issue was standing—or whether the plaintiffs even have the right to bring the case., the plaintiffs need to show that they have a “genuine stake” in the case outcome. The Fifth Circuit found that the plaintiffs have standing.

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