Reproductive Equity Now Statement in Advance of Oral Arguments in Mifepristone Case

The U.S. Supreme Court will hear oral arguments in FDA v. Alliance for Hippocratic Medicine today

BOSTON (March 26, 2024) – The Supreme Court of the United States will today hear oral arguments concurrently in the consolidated cases of Food & Drug Administration v. Alliance for Hippocratic Medicine and Danco Laboratories v. Alliance for Hippocratic Medicine, two cases concerning the U.S. Food and Drug Administration’s (FDA) regulation of mifepristone. Mifepristone is one of two drugs used in the gold standard medication abortion protocol, and has been approved by the FDA for use in medication abortion since 2000. This marks the first time the U.S. Supreme Court will hear arguments on an abortion-related case since it overturned Roe v. Wade nearly two years ago.

“This case is a scientifically-baseless, politically-motivated attack on abortion access. It is all a part of the anti-abortion movement’s game plan to restrict abortion access in all 50 states. If the Supreme Court rules with anti-abortion extremists to override scientific and medical experts at the FDA and impose the will of anti-abortion justices in our personal health care decisions, it could have serious impacts on medication abortion access, even in states where abortion is protected,” said Rebecca Hart Holder, President of Reproductive Equity Now. “This case ignores established law and science, and replaces them with anti-abortion activism. Mifepristone is a safe, effective, life-saving medication that has been used over six million times since its approval more than two decades ago. 

“We hope that the Supreme Court will rule based on science and law. However, the Dobbs decision is a painful reminder that we cannot rely on a tilted judiciary to vindicate our rights. Regardless of the outcome of this case, abortion will remain legal and available in New England states. While this case may have significant impacts on the availability of medication abortion, our movement is prepared to be creative and ensure that patients still receive access to timely, supported abortion care,” Hart Holder continued. “This case is a critical reminder that we must double our efforts to preserve and expand abortion access, support local providers as they continue to navigate care, and ensure patients have the tools and resources they need to seek abortion.”

Today, the Supreme Court is hearing oral arguments on whether to uphold the Fifth Circuit Court of Appeal’s purely political ruling to reinstate pre-2016 restrictions on mifepristone, including a medically-unnecessary seven-week gestational limit and whether to hamper telemedicine access to mifepristone by reinstating in-person dispensing requirements. This would result in additional trips to the clinic for patients, disproportionately restricting access to care for both rural and low-income communities, who may not be able to afford to take time off of work or find child care in order to travel to a clinic. By declining to hear an appeal from anti-abortion plaintiffs who sought to ban mifepristone completely, the Court has indicated that it will not consider whether to overturn the FDA’s approval of mifepristone entirely.

Mifepristone, taken as part of a medication abortion regimen, is a safe and effective way to terminate a pregnancy. Mifepristone has been approved by the FDA since 2000 and has since been used more than six million times across the country. Recent reports show that 63% of abortions nationwide are medication abortions, increased from 53% in 2020. Medication abortion has a 99% safety rate and more than a 95% efficacy rate. A recent study showed that medication abortion using telehealth is just as safe as in-person abortion care.

For those seeking abortion care in New England, visit Reproductive Equity Now’s New England Abortion Care Guide to find a provider near you. The Guide includes information on costs and insurance coverage for abortion care, what to expect before, during and after your procedure, and flags dangerous anti-abortion centers to avoid in your area.

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