Supreme Court Unanimously Rejects Challenge to Abortion Pill Access

The Supreme Court unanimously ruled that anti-abortion medical organizations lacked standing to challenge the FDA's approval and regulatory actions regarding mifepristone, one of two drugs used in medication abortions. The Court found the plaintiffs had not demonstrated a concrete injury traceable to the FDA's actions.

Justice Kavanaugh wrote that the plaintiffs' theory — that expanded access to mifepristone would eventually lead to complications requiring them to provide emergency treatment — was too speculative. The decision did not address the merits of whether the FDA acted properly in approving and expanding access to the drug.

The ruling preserved the current availability of mifepristone, which is used in over 60% of abortions in the United States. However, other plaintiffs (including state attorneys general) may attempt to bring new challenges with different standing arguments.