SCOTUSblog 
The Supreme Court on Tuesday signaled that it was likely to allow mifepristone, one of two drugs used in medication abortions, to remain widely available in the United States. During roughly 90 minutes of oral arguments, a majority of the justices appeared ready to throw out the dispute over the FDA’s expansion of access to the drug in 2016 and 2021 because the challengers in the case – several individual doctors and groups of doctors who are opposed to abortion on religious or moral grounds – do not have a legal right to sue, known as standing.
Tuesday’s argument was the first time that the justices had considered efforts to restrict abortion since their 2022 decision to eliminate the constitutional right to an abortion, in Dobbs v. Jackson Women’s Health Organization. After that ruling, 21 states either banned or significantly limited access to abortion. Medication abortions now account for more than half of all abortions performed in the United States, and a ruling in favor of the challengers in this case would restrict access to abortion even in the states where abortion is otherwise legal.
The case began in November 2022, when several individual doctors and groups made up of doctors opposed to abortion went to federal court in Texas. They challenged both the FDA’s initial approval of mifepristone in 2000 and a series of decisions by the FDA in 2016 and 2021 that expanded access to the drug – for example, allowing it to be used through the 10th week of pregnancy, authorizing health-care providers who are not physicians to prescribe it, and permitting it to be prescribed without an initial in-person visit.
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