‘Wildly problematic’: Standing, the Supreme Court, and mifepristone

Update: After press time, the Supreme Court ruled 7-2 that mifepristone should remain broadly available while the appeals process continues. Justices Clarence Thomas and Samuel Alito indicated in a dissent that they would not have granted a stay. Our story has been updated to reflect that decision.

For the past week, the U.S. Supreme Court has been considering a contentious case involving the widely prescribed abortion pill mifepristone. The justices decided Friday evening to block a lower court ruling restricting nationwide access to the drug while appeals continue. The stay represented a victory for the Biden administration and the FDA’s core authority to approve and regulate medication.

It’s the first time the court has wrestled with the abortion issue since it struck down Roe v. Wade last June, and the litigation has raised a host of questions beyond just abortion. One central question in the case is whether the justices should be considering it