WASHINGTON — The Supreme Court on Tuesday seemed likely to preserve access to a medication that was used in nearly two-thirds of all abortions in the U.S. last year, in the court's first abortion case since conservative justices overturned Roe v. Wade two years ago.
Solicitor General Elizabeth Prelogar, the Biden administration's top Supreme Court lawyer, said the court should dismiss the case and make clear that anti-abortion doctors and organizations don't"come within 100 miles" of having standing. Kavanaugh had only one question during the entire session and it too seemed to be focused on the technical issue of standing. He asked Prelogar to confirm that"under federal law, no doctors can be forced against their consciences to perform or assist in an 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. The abortion opponents argue that the FDA's decisions in 2016 and 2021 to relax restrictions on getting the drug were unreasonable and, as Hawley wrote in her clients' main legal brief,"jeopardize women's health across the nation." She argued Tuesday that she was asking the court to affirm a ruling that"merely restored longstanding and crucial protections under which millions of women used abortion drugs." Her husband, Sen. Josh Hawley, R-Mo.
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