U.S. Supreme Court to Hear Oral Arguments Involving the Food and Drug Administration (FDA) and Mifepristone

WASHINGTON, D.C.— Today, the U.S. Supreme Court announced that it will hear arguments this term regarding the Food and Drug Administration’s decisions in 2016 and 2021 to loosen regulations of the abortion drug mifepristone and whether the challengers have standing to bring their case.

“Today’s decision means the Court will hear about the dangers of the abortion drug combination,” said Carol Tobias, president of National Right to Life. “We hope that the justices will reconsider the approval of this dangerous drug or at least reinstate the long-standing safety protocols.”

“The Biden Administration has promoted unlimited abortion since Day 1,” said Tobias. “Bowing to pressure from pro-abortion groups, this administration has worked to make mifepristone widely available, regardless of the dangers to women and the deaths of preborn children.”

The consolidated cases the Court will hear are FDA, et al. v. Alliance Hippocratic Medicine, et al. and Danco Laboratories, L.L.C. v. Alliance Hippocratic Medicine, et al.

According to the U.S. Centers for Disease Control, the government agency that tracks the nation’s abortions, approximately 56% of all abortions are done using chemical abortion methods like mifepristone and misoprostol.

Mifepristone is used in combination with misoprostol, a prostaglandin, to cause an abortion. Mifepristone blocks progesterone, leading to the death of the unborn baby, while the second drug, misoprostol, causes powerful, painful uterine contractions to expel the dead or dying baby.

The FDA recently weakened the Risk Evaluation and Mitigation Strategy (REMS) requirements for the drug combination to allow it to be dispensed and even mailed by pharmacies.

“When hundreds of thousands of women take these pills, even a couple of percentage points of women hemorrhaging, dealing with infections, or ectopic pregnancy, means thousands of women desperately seeking emergency treatment, which may or may not be nearby,” said Dr. Randall K. O’Bannon, Ph.D., director of Education and Research for National Right to Life.

In April 2023, National Right to Life released a white paper Addressing Many of the Myths the Media is Repeating about the FDA’s Approval and Management of Mifeprex (Mifepristone) which can be accessed here.