Supreme Court mifepristone arguments focus on physicians’ right to sue, not FDA judgment

STAT March 26, 2024
Sarah Owermohle

WASHINGTON — Supreme Court justices on Tuesday seemed to question physicians’ right to sue the Food and Drug Administration to reinstate restrictions around a commonly used abortion pill — a line of questioning that suggests they are unlikely to restrict access to the pill.

Justices Elena Kagan and Ketanji Brown Jackson, in particular, repeatedly asked the plaintiffs, a Christian-based medical organization, for examples of when objecting physicians were forced to assist with abortion or its complications as a direct result of the FDA relaxing restrictions around mifepristone prescribing. Conservative Justice Samuel Alito, while appearing more sympathetic to the plaintiffs than others, also asked the lawyer representing the agency whether the scenario — a morally opposed doctor forced to treat a...

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