Supreme Court Justices Indicate They Probably Won't Limit Access to Mifepristone

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Two conservative justices seemed to give anti-abortion activists a blueprint for challenging the drug in the future.

During oral arguments on Tuesday, the U.S. Supreme Court seemed unwilling to entertain notions from anti-abortion litigants regarding the safety and approval process of the abortion drug mifepristone, due to those individuals having no legal standing to make such challenges.that doctors and other challengers of the drug — many of whom have pushed unfounded claims of it being unsafe — simply couldn’t make the case that they had legal standing.

Other justices of the Court, including Justice Elena Kagan, said that, outside of emergency situations — which the anti-abortion side didn’t seem to have any examples of — doctors and other medical personnel are, expanding how many weeks into pregnancy a person who wants an abortion can use it and allowing doctors to prescribe it and send it to patients through the mail via telemedicine.

“I think the Supreme Court will side with the FDA and reject the challenge to mifepristone on standing grounds, probably 8–1, with Alito dissenting,”

 

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