The U.S. Supreme Court signaled Tuesday it likely would retain widespread access to one of the two common drugs used in medication abortion, in a case that could have nationwide implications for reproductive rights and the authority of federal agencies.
During oral arguments, a majority of the justices appeared deeply skeptical that a group of anti-abortion doctors and organizations had the right to sue the Food and Drug Administration over changes the agency made to make it easier to access mifepristone.
In particular, the conservative justices appointed by former President Trump questioned whether any of the doctors in the lawsuit could show they had personally been harmed by the government’s actions to regulate mifepristone.
The doctors asserted they would be violating their morals if they had to treat a woman suffering complications from using mifepristone. But as Solicitor General Elizabeth Prelogar and some of the justices noted, the doctors have the ability to opt out if such a scenario were to occur.
By suing FDA over a potential harm, they were asking the Supreme Court to prevent all women across the country from accessing the pills, rather than seeking a remedy to their specific circumstances.
This was the first time abortion has come before the Court since the same justices overturned Roe v. Wade in 2022.
