The U.S. Supreme Court heard oral arguments on Tuesday about a drug regimen responsible for more than half of the nation’s abortions. The justices are tasked with determining whether to let a decision from the 5th U.S. Circuit Court of Appeals that found the Food and Drug Administration likely violated the law when it approved the abortion pill for mail order and other expansions stand.
U.S. Solicitor General Elizabeth Prelogar introduced the case by claiming that the plaintiffs, a coalition of pro-life medical professionals, had no standing to bring it.
Federal Judge Matthew Kacsmaryk previously established that the plaintiffs had standing based on their own experiences and on behalf of their patients. As Federalist Legal Correspondent Margot Cleveland noted in her analysis of his ruling, “The Supreme Court has allowed abortion doctors to represent the interests of women seeking abortions, notwithstanding the conflict of interest between the two — with the abortionists often seeking to scrap laws designed to protect their patients.”
When pressed by Justices Clarence Thomas and Samuel Alito, however, Prelogar could not name anyone, including pro-life doctors, states, and women harmed by the drug, who the government believed would have judicial recourse to sue the FDA over the abortion pill.
“So your argument here is that it doesn’t matter if the FDA flagrantly violated the law, didn’t do what it should have done, endangered the health of women, it’s just too bad? Nobody can sue in court? There’s no remedy — the American people have no remedy for
