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Supreme Court to hear first abortion case since Dobbs on March 26

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The Supreme Court has today released its calendar for March oral arguments, with the first case to be heard being FDA v. Alliance for Hippocratic Medicine on 26 March. This is the first time since the court’s historic 2022 ruling in Dobbs v. Jackson Women’s Health Organization overturning Roe that the justices will weigh in on the issue of abortion.

The drug at the centre of the case is mifepristone, also known as the abortion pill. This is one of two drugs used in a two-drug protocol to end over half of all pregnancies.

The original lawsuit was brought by the Alliance Defending Freedom on behalf of pro-life medical organisations and four doctors who say they have treated women with mifepristone. Judge Matthew J. Kacsmaryk ruled that both the initial approval of the pills in 2000 as well as more recent FDA decisions allowing them to be prescribed via telemedicine, sent by mail and dispensed at retail pharmacies, are unlawful. This was reported by Politico’s Alice Miranda Ollstein.

Judge Kacsmaryk stayed his decision to allow an appeal, which came in short order. The case was transferred to the 5th Circuit, an appellate court that oversees district courts in several states, including Texas.

In August 2023, “the US Court of Appeals for the 5th Circuit rejected the challengers’ bid to overturn the FDA’s original approval of the drug in 2000, ruling that the lawsuit came too late, but it did roll back subsequent FDA actions that expanded access to the drug, such as allowing it to be used later in pregnancy,” reports Amy Howe. “The drug remains widely available, however, as a result of a preliminary injunction issued by the Supreme Court in early 2023.”

“The FDA and Danco, which makes mifepristone, went to the Supreme Court last year and asked the justices to review the 5th Circuit’s decision, which they agreed to do in December.”

In April 2023, National Right to Life released a white paper addressing many of the myths repeated by the media about the FDA’s approval and management of Mifeprex (mifepristone), which can be accessed here.


Daniel Miller is responsible for nearly all of National Right to Life News' political writing.

With the election of Donald Trump to the U.S. presidency, Daniel Miller developed a deep obsession with U.S. politics that has never let go of the political scientist. Whether it's the election of Joe Biden, the midterm elections in Congress, the abortion rights debate in the Supreme Court or the mudslinging in the primaries - Daniel Miller is happy to stay up late for you.

Daniel was born and raised in New York. After living in China, working for a news agency and another stint at a major news network, he now lives in Arizona with his two daughters.

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