Demonstrators gather in front of the Supreme Court on Tuesday as justices consider a case seeking to restrict access to a key abortion drug.
Justice Amy Coney Barrett, for example, referred to a procedure known as dilation and curettage, or D&C, which clears out the uterus after an abortion or miscarriage. She also spoke of a dangerous condition where a fetus implants outside the uterus, asking Solicitor General Elizabeth B. Prelogar how it was possible “to detect an ectopic pregnancy without an ultrasound.”
The solicitor general rejected Alito’s suggestion that the FDA would allow dangerous drugs to remain on the market. The FDA, she said, “takes very seriously its responsibility to ensure the safety of drugs.” The FDA, considered one of the world’s most stringent regulators, has repeatedly found the two-step medication-abortion protocol that includes mifepristone to be a safe and effective alternative to surgical abortions. The agency relied on dozens of studies involving thousands of patients to approve mifepristone, which has been used by millions of women to terminate pregnancies.
After Hawley pointed to the objections of two specific doctors, Barrett followed up, saying it was unclear whether they had personally been enlisted in an emergency to perform an abortion. The lawsuit was brought by the Alliance for Hippocratic Medicine, a group of antiabortion doctors, and some individual physicians. They filed it in Amarillo, Tex., where the only sittingKacsmaryk sided with the challengers last April and suspended approval of mifepristone, which was first cleared for use in the United States in 2000. It was the first time a judge suspended longtime approval of a medication despite opposition from the FDA and the drug’s manufacturer.
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