The Supreme Court has ruled on the closely watched mifepristone appeal, holding that the anti-abortion challengers lack legal standing to bring their lawsuit, Justice Brett Kavanaugh wrote in a unanimous opinion for the court.
At issue was whether the anti-abortion doctors and groups who brought the challenge had legal standing to do so, as well as the legality of Food and Drug Administration actions that expanded access to the widely used pill.
The high court’s hearing in March revealed skepticism from the justices on the first point, suggesting that the court might reject the lawsuit on standing grounds.
That’s what happened Thursday. “Under Article III of the Constitution, a plaintiff’s desire to make a drug less available for others does not establish standing to sue,” Kavanaugh wrote for the court.
The case stemmed from last year’s unprecedented action by U.S. District Judge Matthew Kacsmaryk in Texas, a Trump appointee who sought to undo the drug’s 2000 approval by the FDA. The 5th U.S. Circuit Court of Appeals narrowed Kacsmaryk’s ruling but upheld restrictions on pill access, including by mail.
The lower court ruling has been on hold while litigation played out. The Biden administration told the justices who overturned Roe v. Wade that, if the ruling were to take effect, then that would “upend the regulatory regime for mifepristone, with damaging consequences for women seeking lawful abortions and a healthcare system that relies on the availability of the drug under the current conditions of use.”
This is a developing story. Please check back for updates.
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