On Tuesday, the U.S. Supreme Court held a hearing on Mifepristone in which the majority of the justices leaned towards not restricting the use of this abortive substance.
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Even some conservative judges showed reluctance to believe that the anti-abortion medical association Alliance for Hippocratic Medicine had demonstrated that it suffered the type of harm that gives it the right to establish a lawsuit.
During the hearing, the Federal government and the pharmaceutical company GenBioPro argued that Mifepristone is a safe drug, thus rejecting arguments about the danger of this substance put forth by Erin Hawley, a lawyer for the Alliance for Hippocratic Medicine.
While the justices will announce their decision by the end of June or early July, they are already examining the legality of regulatory changes made by the Food and Drug Administration (FDA). Thanks to regulatory modifications made in 2016 and 2021, women can access Mifepristone through a mail-order request without requiring a prescription.
In 2022, the Supreme Court overturned the "Roe vs. Wade" doctrine that had protected abortion nationwide for decades. Since then, two dozen states have restricted or banned abortion, leading to "teleabortion" as the only solution available for millions of women.
A judicial decision restricting Mifepristone would affect service providers in all states, including those where abortion remains legal. It would also affect women who receive abortion pills by mail and are treated by doctors remotely.
Furthermore, restrictions on the use of Mifepristone could call into question the FDA's ability to approve and distribute other medications.
In November 2022, a coalition of anti-abortion organizations filed a lawsuit against the FDA in Amarillo, Texas, where Judge Matthew J. Kacsmaryk, appointed by Donald Trump and openly opposed to abortion, issued a preliminary ruling invalidating the approval of the drug and removing the pill from the market.
In August 2023, three judges of the U.S. Fifth Circuit Court of Appeals determined that Mifepristone should remain legal but imposed significant access restrictions on this drug, the validity of which is pending until the Supreme Court definitively decides on the matter.
Mifepristone is a medication that blocks progesterone, a hormone necessary for pregnancy to continue. In abortion pills, it is combined with Misoprostol, which induces uterine contractions that expel the fetus from the woman's body.
On Tuesday, the organization Planned Parenthood reiterated that Mifepristone, which is "safe and effective, with or without a visit to a health center," has been used by over five million people in the United States for over 23 years.
"Those opposed to abortion continue to insist on controlling women's bodies by banning abortion nationwide," noted Alexis McGill Johnson, the director of Planned Parenthood.