Supreme Court upholds access to mifepristone abortion pill in unanimous decision

BY NATHANIEL WEIXEL | THE HILL

The Supreme Court ruled in a unanimous decision Thursday that a group of anti-abortion doctors does not have any legal basis to challenge access to mifepristone, one of the two common drugs used in medication abortion.

As a result, access to mifepristone won’t change.  

The opinion, written by Justice Brett Kavanaugh, sided with the Biden administration and Danco, the manufacturer of the branded version of mifepristone. It reversed a lower court decision that would have made it more difficult to obtain the drug, which is used in about two-thirds of U.S. abortions.

The ruling didn’t address the underlying regulatory or safety issues the plaintiffs raised, instead deciding the case only on standing. The justices found the conservative doctors in the lawsuit did not show they had personally been harmed by the government’s actions regulating mifepristone.

“Under Article III of the Constitution, a plaintiff’s desire to make a drug less available for others does not establish standing to sue,” Kavanaugh wrote.

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