Demonstrators gather in front of the Supreme Court as the court hears oral arguments in the case of the U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine on March 26, 2024 in Washington, DC.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 make clear that the anti-abortion doctors and organizations that challenged the FDA’s relaxation of restrictions on mifepristone don’t “come within 100 miles” of having the legal right, or standing, to sue.
“The difficulty, to me, is that the affidavits do read more like conscience objections,” Barrett said. 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.
Another abortion case already is on the docket. Next month, the justices will hear arguments over whether a federal law on emergency treatment at hospitals must include abortions, even in states that have otherwise banned them.National Politics |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 U.S.
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