The Supreme Court unanimously ruled today that FDA-approved mifepristone can stay on the market. That is, mifepristone can still be prescribed by physicians and accessed by telehealth and mail-order. The Court stayed the lower courts’ decision to ban the use of the pill stating that the plaintiffs lack standing.
We recognize that many citizens, including the plaintiff
doctors here, have sincere concerns about and objections to
others using mifepristone and obtaining abortions. But
citizens and doctors do not have standing to sue simply
because others are allowed to engage in certain activities—
at least without the plaintiffs demonstrating how they
would be injured by the government’s alleged underregulation of others.
The decision ruled that the anti-abortion doctors with the Alliance for Hippocratic Medicine were not harmed by the nationwide access to mifepristone. This drug has been used effectively and safely for twenty years.
While this new ruling allows access to mifepristone for now, there will likely be more litigation in the states or legislatively to ban the medication and further limit access to reproductive care.


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