The U.S. Supreme Court indicated on Tuesday that it probably will keep widespread access to one of the two common drugs used in medication abortion, in a case that could affect reproductive rights and the authority of federal agencies across the nation.
During oral arguments, most of the judges seemed very doubtful that a group of anti-abortion doctors and organizations had the right to take legal action against the Food and Drug Administration (FDA) over changes the agency made in order to make it easier to get mifepristone.
Specifically, the conservative judges appointed by former President Trump questioned whether any of the doctors involved in the lawsuit could prove they had personally been harmed by the government’s actions to regulate mifepristone.
The doctors claimed they would go against their beliefs if they had to treat a woman facing complications from using mifepristone. But as Solicitor General Elizabeth Prelogar and some of the judges pointed out, the doctors have the option to refuse if such a situation were to arise.
By suing the FDA over a potential harm, they were asking the Supreme Court to prevent all women across the country from getting the pills, instead of seeking a solution to their particular circumstances.
This was the first time abortion has come before the court since the same judges overturned Roe v. Wade in 2022.