


A unanimous Supreme Court on Thursday dismissed a challenge to the abortion pill, saying the pro-life doctors and medical providers opposing the drug’s use did not have sufficient standing to bring the lawsuit.
At issue was the drug mifepristone, which is used as part of the abortion medication that had been cleared two decades ago by the Food and Drug Administration.
A group of pro-life doctors had challenged the initial approval of the drug and changes to its distribution and use in recent years.
At issue before the justices was whether the drug can be distributed through the mail and if it could be used for up to 10 weeks of pregnancy instead of the initial seven weeks.
The justices in a 9-0 decision said the pro-life providers did not have sufficient legal injury to bring the challenge.
“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,” Justice Brett M. Kavanaugh wrote for the majority. “Therefore, the plaintiffs lack standing to challenge FDA’s actions.”
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.