NPR

What's at stake in the Supreme Court mifepristone case

The case could affect not just abortion access but oversight of the drug industry and the authority of federal agencies. The court hears arguments Tuesday.
The Supreme Court overturned the constitutional right to abortion on June 24, 2022.

Just months after the Supreme Court overturned Roe v. Wade in 2022, a newly-formed group called the Alliance for Hippocratic Medicine sued the Food and Drug Administration, challenging its approval of mifepristone, a medication used for abortion.

On Tuesday, the same justices who undid constitutional protection for abortion will hear arguments in the next frontier of abortion restriction: tightening access across the country for a medication that's used in nearly two-thirds of all abortions nationally.

That is the main issue in FDA v. Alliance for Hippocratic Medicine. On one side are anti-abortion rights physicians and organizations. Originally, they argued that the FDA should not have approved mifepristone in 2000; now they're focusing on the argument that it should not have made it easier to access in 2016 and 2021.

On the other side is FDA and the drugmaker, Danco, that the challengers aren't actually harmed by the prescribing rules (and thus don't have standing to bring the

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