Forbes April 2, 2024
The Supreme Court heard arguments last week in a case involving access restrictions to the abortion pill Mifeprex (mifepristone), which has been on the market for more than two decades. During oral arguments Justices appeared skeptical of the plaintiff’s legal standing. To win a civil case in court, a plaintiff must demonstrate direct and concrete harm by the violation or injury it claims, which the Justices seemed to dispute. Nonetheless, this challenge to the Food and Drug Administration’s regulatory authority sets a potential precedent for conducting other de facto second reviews of FDA-approved products by judges who don’t have the requisite scientific expertise.
In this particular case, though it’s unlikely to happen, a ruling in favor of the plaintiff would...
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