The Supreme Court Justices appeared skeptical toward arguments presented by a group of anti-abortion doctors in a case that could significantly impact the availability of medication abortion and challenge the authority of the US Food and Drug Administration (FDA).
During oral arguments for Alliance for Hippocratic Medicine v FDA, the first abortion case since the Roe v Wade overturn, the court considered whether the group of doctors could compel the FDA to reverse decisions made in 2016 and 2021, which expanded access to the abortion pill, mifepristone.
This pill is commonly used in medication abortions, which constitute 63% of all US abortions.
The court's decision, expected by summer 2024, could be crucial, especially given the upcoming US election where abortion is likely to be a major issue.
Here are key takeaways from the hearing:
1. **Skepticism from Conservative Justices:** Despite the conservative majority (6-3), even conservative justices expressed doubts.
At least two conservatives may need to join the liberal justices to avoid a decision favoring the anti-abortion doctors.
2. **Focus on Standing:** Much of the argument centered on whether the doctors had the right to sue and whether the proposed remedy, rolling back FDA decisions, was justified.
3. **Liberal Justices' Doubts:** Justices from the court's liberal wing questioned the foundation of the case and the need for such a broad remedy.
4. **Pharmaceutical Industry Concerns:** The industry fears that allowing courts to roll back FDA decisions could set a precedent for judges to interfere with scientific decisions, impacting drug regulation.
5. **Reference to the Comstock Act:** Justices Alito and Thomas raised the Comstock Act, an old anti-obscenity law, in the context of abortion-related materials, hinting at a broader reconsideration of laws related to abortion.
The Biden administration's guidance suggests that the Comstock Act would only apply if someone intends to break the law.
If fully enforced, this law could effectively ban abortion nationwide, as clinics, providers, and patients rely heavily on the mail for essential supplies.