Supreme Court to Hear Case on Accessibility of Abortion Drug Mifepristone, First Abortion Case Since Roe v. Wade Overturned Last Year

The Supreme Court has agreed to hear a case concerning the accessibility of the abortion drug mifepristone, the first abortion case since the Court overturned Roe v. Wade last year. The case stems from a decision made by U.S. District Judge Matthew Kacsmaryk in April of 2020, suspending the Food and Drug Administration’s initial approval of the drug.

In August, a Fifth Circuit Court of Appeals panel reluctantly ruled that the initial approval was too old to challenge, but gave the greenlight to reimpose restrictions, including a shorter on-label gestational window, requiring multiple in-person visits to providers, and barring the pills from being mailed.

The Biden administration and the maker of the drug mifepristone are now appealing to the Supreme Court to reverse the appellate ruling, arguing that it would cut off access to the drug through the mail and impose other restrictions, even in states where abortion remains legal.

The Supreme Court has not yet set a date for the hearing, but the case is expected to be a major test of the court’s stance on abortion rights. It is the first abortion case since the court overturned Roe v. Wade last year, and could have a significant impact on the accessibility of mifepristone and other abortion drugs.