preserve access to a medication that was used in nearly two-thirds of all abortions in the U.S. last year
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 high court's return to the abortion thicket is taking place in a political and regulatory landscape that was reshaped by the abortion decision in 2022 that led many Republican-led states to ban or severely restrict abortion. The practical consequences of a ruling for abortion opponents would be dramatic, possibly halting the delivery of mifepristone through the mail and at large pharmacy chains, reducing the period in pregnancy when it can be used from 10 to seven weeks and ending increasingly popular telehealth visits at which the drug can be prescribed.
In one possible resolution, the justices could avoid touching on the more politically sensitive aspects of the case while preserving access to mifepristone. The administration and Danco argue that the challengers lack the legal right, or standing, to sue. If the high court agrees, it would essentially dismiss the case and erase the appellate ruling.
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