Why the Supreme Court's abortion pill ruling should have nothing to do with abortion

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Why the Supreme Court's abortion pill ruling should have nothing to do with abortion
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Jessica Levinson, a professor at Loyola Law School, is the host of the 'Passing Judgment' podcast. She is also the director of the Public Service Institute at Loyola Law School, director of Loyola's Journalist Law School and former president of the Los Angeles Ethics Commission.

The Supreme Court heard oral arguments Tuesday morning in a case that has everything to do with abortion and, at the same time, nothing to do with abortion. The court will decide whether the Federal Drug Administration acted properly in 2016 and 2021 when it made it easier for women to obtain mifepristone, one of the two drugs used in medication abortions in this country. At the same time, this case has nothing to do with abortion.

In this case, the challengers’ claim that they have standing is not legally sound. Doctors and medical groups sued in 2022 to invalidate the FDA’s actions in 2016 and 2021. The doctors claim that they have been harmed because they might at some point be asked to see a patient who suffers a side effect after taking mifepristone prescribed by someone else.

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