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Last week, the U.S. Supreme Court unanimously rejected a challenge to medication abortion. To be clear, the justices did not rule on the ethics of mifepristone, a medication used in the majority of abortions. Instead, the court ruled that the challenge to the U.S. Food and Drug Administration’s approval of the drug was inappropriate.
So, while it is good news that the court has preserved an important aspect of reproductive freedom, Thursday’s ruling is likely far from the court’s last word on abortion rights.
In fact, the court has yet to rule on another reproductive health care case that it heard this session. That case involves emergency medical care, including ending a pregnancy, in cases where a woman’s health is at risk.
In the medication abortion case, abortion opponents sued to block the FDA’s approval of mifepristone and the agency’s later expansion of access to the drug. A federal court judge in Texas sided with the anti-abortion groups in a 2023 ruling that stoked fears that medication abortion would become unavailable nationwide. In 2023, nearly two-thirds of abortions in the U.S. were done through medications.
In a decision, written by Justice Brett Kavanaugh, the court concluded that the plaintiff group was not harmed by the FDA’s decisions on medication abortion, so it did not have standing to bring the lawsuit.
Despite its narrow scope, the ruling was cheered by groups and elected officials who support reproductive rights.
“The Supreme Court was right to reject this legally and scientifically meritless case, and I join the many Maine people who today are breathing a sigh of relief that mifepristone will remain legal and accessible across our state and nation,” Gov. Janet Mills said in a June 13 press release. “While this ruling is welcome news, we know this: the reproductive rights of women remain under direct and constant attack, and I pledge that my administration will continue to fight any attempts to undermine reproductive rights in Maine.”
Last week’s ruling was the court’s first related to abortion since it overturned Roe v. Wade two years ago. It is not hard to imagine that, in considering the medication abortion case, the justices, especially the six conservative members of the court, considered the likely political implications of the case.
After the court overturned the long-standing Roe decision in June 2022, access to abortion became a significant focus of elections later that year. The ruling was considered a reason that Democrats generally fared well in subsequent elections. Abortion access was a frequent topic in debates between Mills and former Republican Gov. Paul LePage, who sought to return to the Blaine House in 2022. Mills was easily reelected.
In last week’s ruling, the Supreme Court suggested that, rather than going to federal court, the opponents of medication abortion should work through lawmakers and regulators for changes in laws and policies. This is a reminder that the 2024 election — for president, state legislatures and other offices — will have far-reaching consequences, including for reproductive rights. For example, a more conservative FDA could conceivably try to change policies on mifepristone and other medications.
So, while last week’s ruling led to a sigh of relief from those who value reproductive freedom, the work to restore and strengthen those rights is far from over.
