Justices Appear Unlikely To Rule Against Abortion Pill

March 26, 2024 Christianists, Hate Groups

Axios reports:

The Supreme Court on Tuesday seemed unlikely to broadly restrict access to medication abortion in the court’s biggest abortion-related case since overturning Roe v. Wade two years ago.

The justices heard oral arguments in a challenge to mifepristone — one of the drugs used in medication-induced abortions, which account for about two-thirds of all abortions.

It wasn’t clear from those arguments exactly how the court is likely to rule. But multiple conservative justices took issue with parts of the case against mifepristone. There did not seem to be five justices who were inclined to hand down a broad ruling that would undercut the FDA’s regulations of the drug.

The New York Times reports:



Justice Ketanji Brown Jackson noted a mismatch between what the anti-abortion doctors claimed they have experienced and the remedy they are seeking, with Justice Neil M. Gorsuch later raising a similar point. The doctors assert that it offends their moral beliefs to care for patients who have taken abortion pills, but they are asking the court to impose restrictions on the pill that would drastically limit its availability for all patients.

Justice Jackson and Solicitor General Elizabeth B. Prelogar both noted that the plaintiffs’ objections could be satisfied by a right they already have: federal conscience protections that allow them to opt out of providing care they morally object to.

The case began in November 2022, when a group of anti-abortion doctors and medical organizations sued the F.D.A., asserting that the agency erred when it approved the drug in 2000. The coalition brought the challenge in Amarillo. The move all but guaranteed that Judge Matthew J. Kacsmaryk, a Trump appointee openly opposed to abortion, would be assigned the case.

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