Supreme Court Upholds Full Access to Mifepristone Abortion Pill
Source: Bloomberg Law
June 13, 2024, 10:03 AM EDT
Supreme Court Upholds Full Access to Mifepristone Abortion Pill
Greg Stohr
Bloomberg News
The US Supreme Court preserved full access to a widely used abortion pill in a case that carried major stakes for reproductive rights and election-year politics.
The court unanimously overturned a federal appeals ruling that would have barred mail-order prescriptions for mifepristone, the drug now used in more than half of US abortions. The lower court ruling would have reduced abortion access even in states where reproductive rights have broad support.
The court stopped short of affirming Food and Drug Administration decisions to loosen restrictions on mifepristone starting in 2016. The majority instead said the anti-abortion doctors and organizations that sued lacked legal "standing" because they aren't directly affected by the FDA's actions.
To contact the reporter on this story:
Greg Stohr in Washington at gstohr@bloomberg.net
To contact the editor responsible for this story:
Elizabeth Wasserman at ewasserman2@bloomberg.net
2024 Bloomberg L.P. All rights reserved. Used with permission.
Read more: https://news.bloomberglaw.com/pharma-and-life-sciences/supreme-court-upholds-full-access-to-mifepristone-abortion-pill
SCOTUSblog had the news, but it took a while for me to find a news source with the story.
It looks as if it landed everywhere simultaneously.
>>>>>
Ellena Erskine
Mod
10:07 AM
Here is the opinion: https://www.supremecourt.gov/opinions/23pdf/23-235_n7ip.pdf
>>>>>
sinkingfeeling
(57,861 posts)magicarpet
(18,800 posts)wolfie001
(7,802 posts)She's his inspiration.
LetMyPeopleVote
(180,568 posts)BumRushDaShow
(170,565 posts)It was unanimous and FDA lives another day.
mahatmakanejeeves
(70,187 posts)I was just like you, hitting everyone trying to find it.
And good morning.
BumRushDaShow
(170,565 posts)and trying to find the story on their website is a nightmare so a quick search came up with a NBC News story that I posted (and self-deleted
).
And a Good (PPI is down) morning!
mahatmakanejeeves
(70,187 posts)Google News came up with Bloomberg Law. At first, I could get the entire (short) writeup. Now it's behind a paywall.
BumRushDaShow
(170,565 posts)I have a sub to Bloomberg but unlike WaPo and NYT, which offer 10 free gift links, it only offers 5.
The regular Bloomberg has the same story as the "Law" one so I can give you a link to use - https://www.bloomberg.com/news/articles/2024-06-13/supreme-court-upholds-full-access-to-mifepristone-abortion-pill?accessToken=eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJzb3VyY2UiOiJTdWJzY3JpYmVyR2lmdGVkQXJ0aWNsZSIsImlhdCI6MTcxODI4OTA3MiwiZXhwIjoxNzE4ODkzODcyLCJhcnRpY2xlSWQiOiJTRjBWMDJUMVVNMFcwMCIsImJjb25uZWN0SWQiOiIyMUY5Q0QxMUQ1ODc0MjY3QjMwQUZCRkZCRTFGMzExOSJ9.MOPo_wYDefrRQ_3qyyjQAMWFY6TSAk30kq8Xecg0g_I
JohnSJ
(98,883 posts)different arguments may be allowed with "better" plaintiffs, if they can show "harm". It also allows leaves open what different states may try to do. Anti-abortionist extremists' are not going to stop on this. Keep in mind that Thomas and other right wing judges on the court leave this open to other arguments.
No one should assume this decision means abortion access is safe, and the upcoming Idaho Emergency Department case will be very interesting.
Also, if republicans gain the majority in Congress and trump occupies the WH again, make no mistake about it, this ruling can be neutralized with a different approach, Congressional Action or Executive Order.
BumRushDaShow
(170,565 posts)But then some of their other arguments could backfire on them since they like to cherry-pick what they think "big government" is and should do.
JohnSJ
(98,883 posts)believe.
BumRushDaShow
(170,565 posts)as interfering with "interstate commerce".
JohnSJ
(98,883 posts)DENVERPOPS
(13,003 posts)let's see what the Supremes rule after they "install" Trump this fall. Much like what the three appointees of Trump said during hearings, and once installed, went 180 degrees the next day. Everything the three of them said was an outright lie......
I have to think that the conservative USSC justices won't do anything to cause Trump to lose votes, until after the Election. Then, like we have witnessed in the past, they will go all in, like never before with a conservative ruling on every single thing in front of their court, and countless ones we haven't even heard about yet........It's this group of USSC justices, Method of Operation that they have already shown, over and over since the 2000 election.......And Citizens United in 2010, which was the kiss of death for the future Democracy of our Beloved United States and Democracy....
I sadly predict that what we will see on November 5th and 6th, will be unlike anything we have seen in the entire history of our nation. Including the Revolutionary War and the Civil War...........
Katie Bar The Door, folks........
LeftInTX
(34,545 posts)Bet it was, Kazmarack, (sic), 5th Ct of Appeals, crazy poorly written, etc...???
Maybe the plaintiffs didn't have standing. (Haven't read the case. On my way out today)
ShazzieB
(22,696 posts)That's what all the legal experts have been saying on TV ever since this thing hit the fan. The decision itself lays that out clearly:
(a) Article III standing is a bedrock constitutional requirement that this Court has applied to all manner of important disputes. United States v. Texas, 599 U. S. 670, 675. Standing is built on a single basic ideathe idea of separation of powers. Ibid. Article III confines the jurisdiction of federal courts to Cases and Controversies. Federal courts do not operate as an open forum for citizens to press general complaints about the way in which government goes about its business. Allen v. Wright, 468 U. S. 737, 760. To obtain a judicial determination of what the governing law is, a plaintiff must have a personal stake in the dispute. TransUnion LLC v. Ramirez, 594 U. S. 413, 423.
To establish standing, a plaintiff must demonstrate (i) that she has
suffered or likely will suffer an injury in fact, (ii) that the injury likely
was caused or will be caused by the defendant, and (iii) that the injury likely would be redressed by the requested judicial relief.
Lots more legalese follows, of course. I copied and pasted only a minimal amout, but you get the idea.
This was just done because of the election and for down ballot republicans. We all know the six members of SCOTUS lie. They did this thinking it will help elect the GOP. If they gain power, they will change their mind. LIES = GOP. We need to remember this.
lark
(26,086 posts)Alito and Thomas would only get rid of this via standing, otherwise they would have voted to limit mifepristone and really hurt the repug party. They didn't want to tip their hand until tcf is president, which is what they are trying to make happen, and then they can kill this and the fda at one shot.
edit: fixd typo
BlueKota
(5,435 posts)wingnut donors tell them to do.
BComplex
(9,930 posts)He doesn't do stuff for free.
BlueKota
(5,435 posts)not today
AZSkiffyGeek
(12,744 posts)We're Democrats, can't let any good news get shared.
Scrivener7
(59,768 posts)And are appropriately cautious.
It's a feature, not a bug.
Shermann
(9,063 posts)Scrivener7
(59,768 posts)quakerboy
(14,886 posts)Optimistic is not what comes to my mind. Cautious, sure. Suspicious, definitely.
lark
(26,086 posts)I worry so much about the future, but do take the victory for today as it is a major victory for women to continue to have this access.
Irish_Dem
(81,759 posts)Pretending to do the right thing before the election.
Then bam, they will do something bad later on regarding this drug.
Women need to start stockpiling this drug if they can.
MissMillie
(39,671 posts)(and the dissent)
mahatmakanejeeves
(70,187 posts)MissMillie
(39,671 posts)Somehow I my brain saw "ununanimous."
I hope this isn't an indication that I need a 4th cup of coffee in the morning. lol
mahatmakanejeeves
(70,187 posts)And good morning.
ms liberty
(11,283 posts)He likes to troll the libs and telegraph what he wants to see in a future case.
Good golly I despise that man.
sir pball
(5,341 posts)He wholesale rejects associational standing, the concept that a group can sue because one member was injured. The Alliance for Hippocratic Medicine can't act on behalf of their members
but according to him, neither can Planned Parenthood or labor unions.
Only individual persons directly injured have standing; if a group wants to sue it needs to be class-action, not associational. It's not great.
Response to MissMillie (Reply #6)
mahatmakanejeeves This message was self-deleted by its author.
LetMyPeopleVote
(180,568 posts)LetMyPeopleVote
(180,568 posts)I really like the Deadline Legal blog
Extreme rulings by Republican-appointed judges at all levels of the judiciary imperiled the availability of the widely used abortion drug.
Link to tweet
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/supreme-court-abortion-pill-mifepristone-ruling-rcna155625
The Supreme Court has ruled on the closely watched mifepristone appeal, holding that the anti-abortion challengers lack legal standing to bring their lawsuit, Justice Brett Kavanaugh wrote in a unanimous opinion for the court.
At issue was whether the anti-abortion doctors and groups who brought the challenge had legal standing to do so, as well as the legality of Food and Drug Administration actions that expanded access to the widely used pill.
The high courts hearing in March revealed skepticism from the justices on the first point, suggesting that the court might reject the lawsuit on standing grounds.
The case stemmed from last years unprecedented action by U.S. District Judge Matthew Kacsmaryk in Texas, a Trump appointee who sought to undo the drugs 2000 approval by the FDA. The 5th U.S. Circuit Court of Appeals narrowed Kacsmaryks ruling but upheld restrictions on pill access, including by mail.
The lower court ruling has been on hold while litigation played out. The Biden administration told the justices who overturned Roe v. Wade that, if the ruling were to take effect, then that would upend the regulatory regime for mifepristone, with damaging consequences for women seeking lawful abortions and a healthcare system that relies on the availability of the drug under the current conditions of use.
FakeNoose
(41,907 posts)... is back in business! This question should never have gone before SCOTUS anyway.
ScratchCat
(2,750 posts)Nobody would have standing to sue on this issue if I understand this correctly, right? There would be no party affected by the FDA's actions. It would be no different than you or me trying to sue to stop the production of any drug I don't want someone else to take.
Unwind Your Mind
(2,353 posts)I cant think who would have standing on this
BumRushDaShow
(170,565 posts)it would have upended the "Supremacy Clause" and put FDA out of the business of regulating drugs.
Just. Because.
And then that would have opened the door to eliminating EVERY OTHER federal regulatory agency that "someone" doesn't like.
And the bizarre thing about that is these are all part of the "Executive Branch" where many GOP want a "unitary Executive" with a dictator. But rulings that remove an agency's Congressionally-designated authorities would essentially eliminate those agencies from the Executive Branch leaving just the head of it.
Novara
(6,115 posts)You know those motherfuckers are now desperately trying to find someone with standing to successfully sue. And I'll bet the opinion gives them a roadmap.
It should have never gotten this far - the case was bullshit from the start. The doctors group had no standing and could not be harmed by the availability of the drug.
You can be sure this fight isn't over.
LeftInTX
(34,545 posts)Novara
(6,115 posts)Never forget it. That kind of bullshit is what happens - republicans elevating complete political hacks to the benches.
oldsoftie
(13,538 posts)You'd need a class action, IMO, to get anywhere. Because you'd have to show the "injured parties" numbered far more than the warnings that the drug came with showed may happen. Thats how Phen-Phen got the boot. And others.
But they wont be able to find that group because they dont exist.
Novara
(6,115 posts)They will find a way for someone with a stake can sue. Or they'll find a different basis for suing. Maybe based on the 1873 Comstock Act.
They won't stop.
oldsoftie
(13,538 posts)Seeing as how even some republicans I know are pissed about Roe & have changed THEIR vote, I hope it happens.
Novara
(6,115 posts)You take my bodily autonomy away? I will do whatever I can to take your job away. Women I know all feel the same.
We have to keep hammering home the fact that this decision isn't on the merits of the case at all, and given a better case to ban this drug, they will. This is not a win for women's rights. It's a win for the judicial norm of who can sue and on what basis only.
slightlv
(7,824 posts)I think that's the basket where they're putting all their eggs. They just can't do it until T takes over the office. After that, women bar the door.
Novara
(6,115 posts)An 1873 law.
slightlv
(7,824 posts)They've got a little farther into the future than being stuck at a 16th century witch finder monk!
Tom Rinaldo
(23,192 posts)and then they will seek again to have the case decided on its "merits." The Court hasn't rejected the anti-abortion arguments yet, they just haven't officially heard them. Had they restricted access now it would have helped Democrats in the Fall.
PSPS
(15,345 posts)Their next step will be something like bestowing "personhood" on fetuses and then have a "guardian ad litem" sue.
onenote
(46,184 posts)Hopefully you are not saying the Supreme Court shouldn't have taken the case since the decisions of the district court and appeals court would have prevented the sale of the drug.
bluestarone
(22,298 posts)DISMISSED it on getting it? That was a no brainer.
onenote
(46,184 posts)And they rarely grant cert and immediately remand without receiving briefs and argument. The only times I know they do that is where there is a recent decision on point and they grant cert, vacate the decision below and remand to the lower court to consider the case in light of the recent decision on point.
LiberalFighter
(53,544 posts)I would think insurance companies would have an interest to maintain access to abortion pills.
oldsoftie
(13,538 posts)Think. Again.
(22,456 posts)...likes being a career woman after all.
onenote
(46,184 posts)or the courts, over and over, rejected birther cases on standing grounds.
Take the win, people.
JohnSJ
(98,883 posts)a republican congress, and trump in the WH can make this all disappear again.
This was rejected by the conservative judges because the plaintiffs were arguing a case on the basis of harm, which NONE of the plaintiffs had experienced. You can bet they will find someone who will approach this from a different angle, or find someone who will show damage.
The danger is very real and still out there
JohnSJ
(98,883 posts)New York minute.
oldsoftie
(13,538 posts)Even the House has had members say there's a line.
But it wouldnt stop them from trying.
JohnSJ
(98,883 posts)oldsoftie
(13,538 posts)And doing away with the filibuster they'd still have to have 50 votes. I'm not sure they can get that IF they took the Senate. Collins wont go for it & it wouldnt surprise me if a couple others balked
I'd rather see trump just LOSE so we dont find out!
JohnSJ
(98,883 posts)filibuster for SC judges should tell you they wouldn't think twice about it. Of course they justify it because we did it because republicans would not approve any President Obama appointments, and the backlog was obscene which is why it was done.
As for this SC balking at an EO on this, I wouldn't be so sure. We will see what happens with the immunity case, though I am pretty sure they will just send it back to the district court, which might effectively delay it until after the election, and in effect give trump immunity by that action, but we will see.
In the end though, I agree with you, the only way to insure a Women's right to choose is voting Democratic.
jaxexpat
(7,794 posts)Decision was made on a "technicality" they were all, pretty much, compelled to agree on. This attempted takeover of the country by fundamentalists is not over and we didn't really win this time. They'll be back with "standing" soon enough if this lunatic body of corruption retains its ungainly "standing".
onenote
(46,184 posts)jaxexpat
(7,794 posts)usonian
(25,829 posts)💰 💰 💰 💰 💰 💰
LetMyPeopleVote
(180,568 posts)hay rick
(9,645 posts)Raven123
(7,857 posts)Once someone with standing tries the same thing, they will cave. I do think a majority of SCOTUS is annoyed by some of the RW tactics, not because they use them, but because they dont disguise them well enough.
Johnny2X2X
(24,304 posts)Its like suing the makers if Aspirin because you dont take Aspirin and dont think anyone else should either.
surfered
(13,741 posts)GB_RN
(3,570 posts)It should never have gotten to SCOTUS. The lower courts proved their partisanship and biases with their rulings instead of dismissing it based on lack of standing. IANAL, but even I could tell you that these fascists didnt have standing.
LeftInTX
(34,545 posts)aggiesal
(10,843 posts)They spent all that money judge shopping, legal bills ... to get it to a SCOTUS that's supposed to be on their side and still lose
SARose
(1,831 posts)Paxton, and you too Kacsmaryk and you three Fifth Circuit.
No standing - do you hear that? Your political stunt cost me and my fellow Texans how much of OUR money?
You absolute aholes.
bullimiami
(14,075 posts)I guess that was a compromise..
Hekate
(100,133 posts)calimary
(90,305 posts)With this bunch I was expecting quite the opposite ruling.
SleeplessinSoCal
(10,423 posts)Like the Texas judge who suspended FDA approval? The SCOTUS decision was over "Standing".
https://www.cnn.com/politics/live-news/texas-abortion-pill-mifepristone-ruling/index.html
Deep State Witch
(12,738 posts)I thought that the Gruesome Twosome (Alito and Roberts) would dissent. Possibly Boney Carrot, too.
J_William_Ryan
(3,516 posts)As likely has already been correctly noted:
This is a technical win this is far from over.
The Courts partisan conservative ideologues are more than willing to rule against the FDA concerning mifepristone if given the opportunity.
Scalded Nun
(1,712 posts)1. They (GOP justices) used the 'No Standing' response to kill this, along with the silent understanding this will come back to their docket next year.
a. This keeps the left's outrage off the table for this year's election and offers a slim bit of electoral hope (in regards to abortion) for all the GOP anti-abortion nutters.
b. They kill Mifepristone next year. 3 years from another presidential election and 1 year from mid-terms. Counting on short memories.
c. The Dem justices voted to kill this because it is the right thing to do.
Perhaps I am just seeing too much in terms of GOP conspiracies, but I do not trust these evil GOPers on anything.
Demovictory9
(37,113 posts)jmowreader
(53,261 posts)One of the things in King Matthews decision was that the plaintiffs were being harmed by this drug because they wouldnt be able to make as much money caring for pregnant patients if some of those potential patients were terminating their pregnancies.
On those grounds Ford could sue Volkswagen out of business because potential Ford Escape customers were buying Tiguans instead.
CousinIT
(12,606 posts)Martin68
(27,880 posts)LetMyPeopleVote
(180,568 posts)Link to tweet
https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/13/statement-from-president-joe-biden-on-supreme-court-decision-on-fda-v-alliance-for-hippocratic-medicine/
It does mean that mifepristone, or medication abortion, remains available and approved. Women can continue to access this medication approved by the FDA as safe and effective more than 20 years ago.
But lets be clear: attacks on medication abortion are part of Republican elected officials extreme and dangerous agenda to ban abortion nationwide. Since the overturning of Roe v. Wade, Republican elected officials have imposed extreme abortion bans in 21 states, some of which include zero exceptions for rape or incest. Women are being turned away from emergency rooms, or forced to go to court to plead for care that their doctor recommended or to travel hundreds of miles for care. Doctors and nurses are being threatened with jail time, including life in prison, for providing the health care they have been trained to provide. And contraception and IVF are under attack.
The stakes could not be higher for women across America. Vice President Harris and I stand with the vast majority of Americans who support a womans right to make deeply personal health care decisions. We will continue to fight to ensure that women in every state get the health care they need and we will continue to call on Congress to restore the protections of Roe v. Wade in federal law that is our commitment.
###


ShazzieB
(22,696 posts)I was expecting the absolute worst on this, to be quite honest.
What a relief!

mahatmakanejeeves
(70,187 posts)The Supreme Court unanimously rejected an attempt to significantly restrict access to mifepristone, a key abortion medication.
By Sabrina Malhi
June 13, 2024 at 2:07 p.m. EDT
The Supreme Court unanimously rejected an attempt to significantly restrict access to a key abortion medication, mifepristone, on Thursday. The conservative majority ruled that the antiabortion physicians who filed the case did not have standing to challenge the Food and Drug Administrations approval of the drug. ... In a written opinion for the court, Justice Brett M. Kavanaugh said that because the plaintiffs dont prescribe, sell or manufacture mifepristone, they suffer no direct monetary injuries related to the FDAs loosening regulations for obtaining the drug in 2016 and 2021.
{snip}
What was the Supreme Court decision?
The 9-0 decision reversed a lower-court ruling that would have made it harder to obtain mifepristone, part of a two-drug regimen used in more than 60 percent of U.S. abortions. The opinion was based on a procedural ruling that the plaintiffs did not have legal grounds to bring the case.
The court said that the antiabortion doctors who brought the case and the Alliance for Hippocratic Medicine did not provide any evidence to suggest that the FDAs deregulatory actions have affected how they treat patients because they do not prescribe or use mifepristone.
Even though the courts decision was unanimous, it is unlikely to be the end of efforts to restrict access to the pill. The ruling leaves an opening for three states Missouri, Kansas and Idaho to quickly try to revive the challenge before a federal judge in Texas who is well known for his antiabortion views.
{snip}
Ann E. Marimow and McKenzie Beard contributed to this report.
By Sabrina Malhi
Sabrina Malhi joined The Washington Post in 2020. She focuses on breaking news as well as infant and maternal health issues. Sabrina previously served as the president of the South Asian Journalists Association and still holds a position on its board.

