💬 Discussion

The Supreme Court preserves access to abortion pills

Friday, Jun 14

Image: Amanda Andrade-Rhoades/AP

Yesterday, the Supreme Court unanimously rejected an effort seeking to restrict access to the abortion pill mifepristone, marking the Court’s first decision on abortion since it overturned Roe v. Wade two years ago.

Background: Mifepristone, alongside the drug misoprostol, is typically taken during the first 10 weeks of pregnancy to induce an abortion or manage an early miscarriage. The two-drug combination has grown in popularity since receiving FDA approval in 2000, and is now used for the vast majority of medication abortions (which account for ~63% of all US abortion procedures).

SCOTUS’s decision ensures mifepristone will remain widely available. The Supreme Court unanimously ruled that the plaintiffs – a group of doctors who oppose abortion but don't take or prescribe mifepristone – couldn't show they were directly injured by the drug’s legality, and thus lacked the standing to sue.

  • The Court didn’t rule on the merits of the plaintiffs’ case, which argued the FDA improperly approved mifepristone and failed to properly study its safety.
  • The unsuccessful legal challenge sought to restrict access to mifepristone nationwide, even in the 36 states where abortion is legal.

Zoom out: Abortion is increasingly becoming a pivotal issue heading into the November elections. Nearly a third of all US voters say they would only vote for political candidates in major offices if they share their views on abortion, according to a Gallup poll published yesterday.

  • This voting bloc – split between 23% “pro-choice” and 8% “pro-life” – is the largest since Gallup first began asking that question in 1992.

📊 Flash poll: Which of the following best describes your personal stance on abortion?

See a 360° view of what media pundits are saying →

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Sprinkles from the Left

  • Some commentators argue that the Supreme Court did the right thing with its ruling – though it doesn’t signal that Justices are willing to protect abortion access, but rather that this case was so ridiculous that the Court had no other option but to toss it.
  • Others contend that even though the Court unanimously ruled to protect access to abortion pills, there’s still good reason to worry that another challenge will probably reach SCOTUS before long and have a very different result, as Justices only rejected the case on procedural grounds.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators argue that the Court’s latest decision proves that liberals’ fears that its “Christian Nationalist” majority will override the rule of law are not founded in reality, as the ​​current Court majority is putting the law first even if it means a policy defeat for their political beliefs.
  • Others contend that SCOTUS’ unanimous ruling is evidence that liberals are wrong to claim that the conservative-leaning Supreme Court aims to “strip away all their rights,” and such efforts are a fallacy designed to stoke fear and anger at Republicans.
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