The Supreme Court decided unanimously not to rule on the merits of the FDA’s action regarding Mifeprex – or, in its generic form, mifepristone – a medication designed to induce labor that has been favored for medical abortions. The justices argued that in FDA v. Alliance for Hippocratic Medicine, the plaintiffs lacked constitutional standing to force the FDA’s hand.
“In 2016 and 2021, the Food and Drug Administration relaxed its regulatory requirements for mifepristone, an abortion drug. These changes made it easier for doctors to prescribe and pregnant women to obtain mifepristone. And FDA is not requiring them to do or refrain from doing anything,” Justice Brett Kavanaugh wrote in the opinion of the Court. “Rather, the plaintiffs want FDA to make mifepristone more difficult for other doctors to prescribe and for pregnant women to obtain. Under Article III of the Constitution, a plaintiff’s desire to make a drug less available for others does not establish standing to sue.”
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