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Republicans largely remained silent on Tuesday as the Supreme Court heard oral arguments in a challenge regarding the FDA’s actions to make the abortion pill Mifeprisone more accessible. Democratic lawmakers were vocal in support of the FDA’s decision, accusing Republicans of trying to ban abortion nationwide. Leaders like Sen. Tammy Baldwin and Rep. Jerry Nadler emphasized the importance of protecting abortion rights and access to healthcare.

While Democratic politicians took to social media to express their support for the FDA’s actions and the importance of abortion rights, many GOP representatives stayed quiet. Some pro-life Republicans, like Sen. James Lankford and Sen. Cindy Hyde Smith, did speak out against the FDA’s decisions regarding Mifepristone, emphasizing women’s safety. Despite the lack of public statements from many Republicans, 145 representatives and senators signed an amicus brief supporting the challengers in the case.

During the oral arguments, Erin Hawley, representing the challengers, called for reinstating restrictions on Mifepristone that had been removed by the FDA in recent years. She argued that these restrictions were crucial for protecting women’s health. However, Justice Neil Gorsuch appeared skeptical of the case, questioning whether it should have been escalated to the Supreme Court. Justices Samuel Alito and Clarence Thomas criticized the idea that the FDA should be immune from legal challenges, with Alito arguing that the agency is seeking infallibility.

The stark divide between Democrats and Republicans on the FDA’s actions regarding Mifepristone reflects the larger debate around abortion rights and access to healthcare. Democrats like Sen. Elizabeth Warren and Rep. Ayanna Pressley stressed the importance of protecting abortion as a human right, while some Republicans focused on the safety implications of the FDA’s decisions. The case is expected to have significant implications for the 2024 election, with abortion emerging as a key issue for voters.

Despite the limited public statements from Republicans on the case, the support shown for the challengers through the amicus brief highlights the broader alignment within the party on abortion issues. The arguments made during the oral arguments suggest a deep divide between the two parties on the role of the FDA in regulating healthcare and the extent of its authority. As the Supreme Court deliberates on this case, the future of abortion access in the United States hangs in the balance.

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