The Supreme Court is set to hear its first abortion case since the reversal of Roe v. Wade in 2022, which has led to significant changes in reproductive rights in America. Currently, fourteen states have total bans on abortion, while seven others have imposed substantial restrictions. Some states are also attempting to block abortion medication from entering their borders and are seeking to prevent emergency room physicians from terminating pregnancies if medically necessary. The erosion of a woman’s right to privacy by the Supreme Court has also been linked to decisions impacting in vitro fertilization.
Abortion has become a top issue in the political landscape, with Democrats hoping to capitalize on public concern for restrictions to help their candidates. Republican presidential candidate Donald Trump has even floated the idea of a nationwide ban on abortion at 15 weeks of pregnancy. In the midst of these changes, public trust in the Supreme Court has deteriorated significantly. The upcoming abortion case regarding FDA rules for the abortion pill mifepristone has brought to light the broader implications of federal regulation and access to all drugs, not just abortion medication.
Since the Dobbs v. Jackson Women’s Health Organization case that overturned Roe v. Wade, medication abortion has seen a surge in usage, resulting in over 1 million abortions in the US last year, the highest rate in over a decade. The Biden administration has focused on the drug approval process in defending the FDA, avoiding direct references to the Dobbs decision to emphasize broader federal regulation and expertise. Groups on both sides of the case have invoked the impact of the Supreme Court’s decisions on abortion rights in America since the overturning of Roe.
The composition of the Supreme Court has shifted towards a conservative majority since the Dobbs decision, maintaining the balance of power that has been transforming laws in America in recent years. The court’s decisions have also impacted other social issues, such as affirmative action and same-sex marriage. Former Justice Stephen Breyer, a dissenter in the Dobbs case, has warned against the court’s hope to end the abortion question, as it may lead to further legal battles and challenges from different states on abortion-related issues.
The case before the Supreme Court regarding FDA regulations on the abortion pill mifepristone has sparked protests and highlights the broader implications for drug regulation and access. The Alliance for Hippocratic Medicine has challenged the FDA’s loosening of requirements for mifepristone, alleging harm to healthcare providers who may be forced to care for women with complications from medication abortion. The Department of Justice is defending the FDA’s changes, citing scientific reviews and studies that informed the decisions to increase access to the drug. The case also raises questions about legal standing and imminent injury for the challengers, as they argue for the importance of maintaining safeguards for the use of abortion drugs.
