Abortion Back In Supreme Court Showdown In Election Year, Opponents Challenge Mifepristone Safety

The Supreme Court is scheduled to hear arguments on Tuesday regarding the overturning of the 1973 Roe v. Wade ruling, which had established a constitutional right to abortion.

Abortion opponents are making a fervent plea to the U.S. Supreme Court, aiming to curtail access to the abortion pill, mifepristone, a drug employed in over half of all abortions within the U.S. 

Their argument hinges on studies conducted by Gynuity Health Projects, which they claim demonstrate the pill’s alleged dangers despite its decades-old regulatory approval.

The studies conducted by Gynuity Health Projects, which evaluate the feasibility and safety of providing abortion drugs via videoconference and mail, have been cited by plaintiffs challenging the current FDA regulations on mifepristone. 

They assert that these studies reveal alarming rates of emergency room visits and increased risks for patients, Reuters noted, urging the court to roll back access to the medication.

President Joe Biden’s administration is contesting a lower court’s decision to ease FDA restrictions on mifepristone, highlighting the broader implications such a ruling could have on federal regulatory authority over drug safety.

The plaintiffs argue that the FDA’s decisions to relax mifepristone restrictions have jeopardized women’s safety, questioning the agency’s judgment and the reliability of the studies in their filings to the Supreme Court.

Following the Dobbs v. Jackson Women’s Health Organization ruling, which stripped federal protections for abortion, the issue has returned to the forefront of the court’s agenda. 

Despite abortion bans in about one-third of states, the accessibility of mifepristone, particularly through mail services, has increased, leading to no significant overall decline in abortions. 

This trend has frustrated Republican politicians and anti-abortion advocates who anticipated a decrease following the potential overturning of Roe v. Wade. 

Medication abortions constitute nearly two-thirds of all terminations, with approximately 150,000 more cases in 2023 compared to pre-Dobbs levels in 2020, the Wall Street Journal noted, citing the Guttmacher Institute.

The forthcoming ruling from the high court, anticipated by July, could significantly impact election dynamics occurring amidst the election season. 

This ruling has the potential to influence various races across the ballot spectrum, coinciding with abortion’s prominence as a pivotal political issue following the Dobbs case.

Earlier this month, Pharmacy chain giants CVS Health Corp CVS and Walgreens Boots Alliance Inc WBA announced plans to dispense the abortion pill mifepristone, following FDA guidelines issued last year. 

Both pharmacy chains confirmed their certification and intend to introduce mifepristone in stores, starting with a phased rollout in select states.

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