The U.S. Supreme Court has now ruled unanimously to keep a controversial abortion drug on the market even after the court ruled two years ago to overturn Roe v. Wade.
In FDA v. Alliance for Hippocratic Medicine, a group of pro-life medical practitioners and their organizations had sued the FDA for relaxing restrictions on mifepristone, the first of two drugs used in a medical abortion. The plaintiffs argued that these relaxed standards would “jeopardize women’s health across the nation.”
SCOTUS justices apparently considered the case on technical grounds rather than on the ethical issues regarding killing unborn children and ruled 9-0 that the plaintiffs lacked standing to sue the FDA. Writing on behalf of the majority, Justice Brett Kavanaugh, a Trump appointee who voted to overturn Roe, claimed that “federal courts are the wrong forum for addressing the plaintiffs’ concerns about FDA’s actions.”
Kavanaugh did acknowledge that the plaintiffs in this case have “sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone.” However, such objections do not amount to legal standing, he explained.
“A plaintiff’s desire to make a drug less available for others does not establish standing to sue.”
President Joe Biden — who has long supported unfettered access to abortion even though the Catholic Church, of which he is a member, considers abortion a “moral evil” — gave a tepid response to the ruling. “It does not change the fact that the right for a woman to get the treatment she needs is imperiled if not impossible in many states,” he said.
“But let’s be clear: attacks on medication abortion are part of Republican elected officials’ extreme and dangerous agenda to ban abortion nationwide.”
Several outlets believe that Democrats view abortion as a winning issue this November, and recent referenda in traditionally red states like Kansas, Kentucky, and Ohio indicate that Americans as a whole still support allowing women to kill their unborn children.
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