Why the Supreme Court’s abortion pill ruling might not end legal fight

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If the Supreme Court rules the anti-abortion doctors challenging mifepristone don’t have legal standing, three states could try to quickly revive the challenge.

Boxes of the drug mifepristone sit on a shelf at the West Alabama Women's Center in Tuscaloosa, Ala., in 2022. whether to limit access to a widely used abortion medication, a majority of justices seemed inclined to rule against the lawsuit by finding that the antiabortion doctors behind it had no legal basis to bring the case.more than 20 years ago.

nationwide — and thousands of pills flowing freely through the mail into states that ban the procedure — mifepristoneThe lawsuit challenging the drug was filed by the Alliance for Hippocratic Medicine before federal Judge Matthew Kacsmaryk, who is the only District Court judge in his Amarillo, Tex., courthouse and is

During oral argument in late March, a majority of justices from across the ideological spectrum seemed doubtful the antiabortion doctors, who do not prescribe mifepristone, had suffered the type of direct harm that would give them legal grounds to bring the lawsuit. Alito and Justice Clarence Thomas seemed open during oral argument to the idea that, when deciding how to regulate mifepristone, the FDA should have considered thefrom the 1800s that prohibits the mailing of “any drug, medicine, article or thing designed, adapted, or intended for producing abortion.” Kacsmaryk included that concept in his decision last April that would have taken mifepristone off the market.

 

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