Access to Abortion Pills Will be Discussed Within the Supreme Court for the First Time in Over a Year

Abbie VanSickle reports for The New York Times on the decision to reopen abortion pill discussions within the Supreme Court, in her article, Supreme Court Will Hear Challenge to Abortion Pill Access, published Wednesday December 13, 2023.

    Last year, the Supreme Court had overturned the "constitutional right to [abortion]," after a lawsuit was filed, claiming that "the F.D.A. had unlawfully approved [abortion pills] decades ago. On Wednesday December 13th, 2023, the Supreme Court made a decision to reopen the discussion surrounding abortion, more specifically a commonly used abortion pill;

"the first major case involving abortion on its docket since it overturned the constitutional right to the procedure more than a year ago." Over 20 years ago, the F.D.A. approved the abortion inducing drug, mifepristone, and it was only last year that a panel of 3 judges deemed it unsafe, calling for the pill to be "curbed," and regulated. It was ruled that the pill would remain legal, "but with significant restrictions on patients’ access, including prohibiting the medication from being sent by mail or prescribed by telemedicine." Now, with the reopening of the discussion, "the Supreme Court is now in the unusual position of ruling on abortion access even after its conservative majority declared that it would leave that question to elected officials." Until the discussion is finalized and the court provides a ruling, the F.D.A status of the drug remain in place. Though there are restrictions on the pill, its current legality offers the freedom of choice in over 50% of terminated pregnancies in the U.S. Though there is no date set for the discussion, it is said to be ruled before July 2024, likely taking place amid campaign season, "expected to be a centerpiece of Democratic platforms." "Since the Supreme Court overturned Roe v. Wade in June 2022, the battle over abortion has largely played out in the states, where it remains a potent political and legal issue," fueling the public desire for this reopening of the discussion. The topic of abortion rights remains prominent in the United States, as almost half of the states have issued "bans or restrictions," on abortions, and the topic is recurring in the political setting. Lawyers argued that banning the pill "would threaten to severely disrupt the pharmaceutical industry and prevent F.D.A. from fulfilling its statutory responsibilities according to its scientific judgment,” discrediting the F.D.A. entirely. The case to reopen the discussion was introduced when a group of anti-abortion organization, plus some doctors, "filed a lawsuit describing the F.D.A.’s approval as flawed and questioning the safety of the drug." Scientifically, mifepristone is known to be safe, effective, and righteous, according to several studies which reported "that serious complications are rare...fewer than 1 percent of patients [needed] hospitalization. Used by over 5 million American citizens, mifepristone has undergone strict regulations, enforced, and "studied more strenuously than most other drugs."

    As a Canadian woman, this case hits close to home. I believe in the right to choose abortion, and the right to access the procedures and medications as needed. Last year, I was truly disappointed in the ruling regarding abortion and abortion pills, as it was a major step backwards in women's rights history. As a Canadian, America is right next door, yet they have been judicially declined women rights, and abortions rights. I am glad that the discussion surrounding the matter will be reopened, yet I also know that the discussion could easily further set-back women's rights, with the complete banning of mifepristone. Regarding mifepristone, I cannot understand why anyone would undermine the approval of the F.D.A. and question the safety of a drug used my millions for the past 20 years. Scientists and Doctors have consistently proven the safety, and effectiveness of mifepristone through countless rigorous studies. I do not know why someone could look at a drug that has been a safe, reliable option for people in need of terminating pregnancies for over 20 years and decide that a "federal agency of the Department of Health and Human Services," would approve an unsafe drug for over two decades without any recall. However, it was stated that the lawsuit questioning the safety of the drug was issued by an anti-abortion group, meaning that their claims are clearly heavily biased, and they filed the lawsuit with intention to further ban the popular drug. I hope that their claims do not hold up in court, and that it is clear to the judges that mifepristone is a safe, and effective drug. This discussion will either further set back women's rights, with the complete banning of mifepristone, minimizing abortion accessibility by 50%, or regain women's rights to full accessibility of the drug. I will follow the progression of this case and hope for the bans and restrictions to be lifted off the drug.