The Supreme Court agreed on Wednesday to take up a case about the drug regimen responsible for more than half of the nation’s abortions.
At the request of the Biden administration and the manufacturer of mifepristone Danco Laboratories, the highest court in the land will determine whether to let stand a ruling from the 5th U.S. Circuit Court of Appeals that found the Food and Drug Administration likely violated U.S. law when it approved the pill for mail order.
For more than two decades, pro-life doctors repeatedly asked the FDA to repeal its approval of chemical abortion drugs because “the agency violated federal laws by approving these drugs and ignoring the substantial evidence that these drugs harm women and girls.” Despite the FDA’s legal obligation to address these concerns, the agency repeatedly stonewalled petitioners’ requests for years.
Last year, Alliance for Hippocratic Medicine, a coalition of five pro-life medical associations and institutions, along with doctors Shaun Jester, Regina Frost-Clark, Tyler Johnson, and George Delgado formally alleged in a federal lawsuit that the FDA wrongfully used accelerated drug approval authority to fast-track abortion pills that can cause dangerous and sometimes fatal complications.
A few months later, the FDA quietly modified its regulation to accommodate the White House’s abortion activism so pharmacies could become abortion pill dispensaries. Before that, mifepristone could only be obtained via abortion facility, doctor, or mail order, a lockdown-era provision the Biden administration made permanent in 2021. On Wednesday, the Supreme Court declined to evaluate the FDA’s initial approval of mifepristone but agreed to hear arguments
