Abortion pill access is unchanged after the Supreme Court’s decision

Written by Parriva — June 23, 2024
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Access to the abortion pill mifepristone will not change after the U.S. Supreme Court unanimously rejected an effort Thursday by anti-abortion groups to roll back its availability, a win for abortion rights supporters and millions of women in states where abortion is legal.

Despite the ruling, women’s access to mifepristone still largely depends on a patchwork of state laws, with only about half of states allowing full access under terms approved by the federal government.

“It doesn’t change anything anywhere,” said David S. Cohen, a law professor at Drexel University. “Tomorrow’s the same as today, which is the same as yesterday, which is the same as before this case was filed.”

Here’s a look at what Thursday’s decision does and does not mean for abortion access.

What did the Supreme Court decide?

Essentially, the justices said the anti-abortion doctors who brought the case did not have the legal standing to sue the Food and Drug Administration over the drug’s safety or changes making it more widely available. The FDA approved the drug more than 20 years ago and has reiterated its safety and effectiveness.

The anti-abortion doctors, under the name the Alliance for Hippocratic Medicine, argued they might have to treat emergency room patients who experience serious injuries after taking mifepristone.

While the decision keeps mifepristone available, legal experts say that other groups or individuals who believe they can show a stronger legal connection to the drug might try to sue along similar lines.

“It’s a win that the status quo is preserved but it doesn’t signal that these are now dead arguments that others aren’t going to try and pursue,” said Rachel Rebouche, a Temple University law professor.

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