This case shouldn't have existed in the first place—and the door is wide open for someone else to try again.
On Thursday, the Supreme Court unanimously rejected an attempt to ban the abortion drug mifepristone—but as rare as it is for this court to unanimously agree on anything, the decision isn’t the progressive victory you might think.lacked standing to sue—in other words, that they hadn’t convincingly proven that they were being harmed. “The plaintiffs have sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone,”Kavanaugh.
So for now, mifepristone is safe and will continue to be available for use. However, the justices essentially opened the door, nice and wide, for someone else to step in and try to eliminate access to mifepristone.. That law outlaws the mailing of “any drug or medicine or any article whatever for causing unlawful abortion,” but the government hasn’t enforced it, considering it vastly outdated. However, the Supreme Court’s conservative justices feel differently.
Justice Ketanji Brown Jackson during oral arguments noted that the case reflected a “mismatch” between the harms alleged and the remedy plaintiffs wanted: “They’re saying, ‘Because we object to having to be forced to participate in this procedure, we’re seeking an order preventing anyone from having access to these drugs at all.
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Unanimous Supreme Court preserves access to widely used abortion medicationThe justices ruled that abortion opponents lacked the legal right to sue over the federal Food and Drug Administration’s approval of the medication, mifepristone, and the FDA’s subsequent actions to ease access to it.
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