Supreme Court preserves access to controversial mail order abortion drug mifepristone
The U.S. Supreme Court has ruled that the Food and Drug Administration’s (FDA) argument over the safety of mifepristone, also known as the abortion pill, should be addressed with the Biden Administration rather than the courts. What it means is for now abortion-inducing drugs will remain legal and available to the public.
It was the first time the Supreme Court had weighed in on abortion since the historic overturning of Roe v. Wade in 2022. The court stated that the plaintiffs have sincere legal, moral, ideological, and policy objections to elective abortion and the FDA’s relaxed regulation of mifepristone. However, under Article III of the Constitution, such objections alone do not establish a justiciable case or controversy in federal court.
SBC’s Position on Abortion
The Southern Baptist Convention (SBC) has consistently voiced opposition to abortion in recent years after it first waffled on the issue in the early 1970s. The Convention passed a resolution on abortion at its 1974 annual meeting reaffirming the stance adopted by messengers in 1971, which reflected a middle ground between abortion on demand and considering all abortion as murder. At its 2021 annual meeting, the SBC affirmed a resolution that all human life is sacred and created in God’s image. The denomination considers abortion a sin and advocates for the protection of preborn babies. However, it’s important to note that opinions within the SBC vary, and not all members hold the same views.
NRLC Warns of Harm to Women
Carol Tobias, president of National Right to Life, disagreed with the Supreme Court’s ruling, saying mifepristone endangers women’s lives.
“Women remain unprotected from common complications with the abortion drug such as hemorrhage, infection, and failure to identity rupturing ectopic pregnancies in a timely manner," said Tobias. “Tracking these complications became more difficult in 2016 when the FDA decided that medical personnel and facilities do not need to report complications arising from the use of the abortion pill mifepristone.”
“It is sad that because of these FDA decisions, women will not get the information they deserve before making a permanent life or death decision,” Tobias added. “While the abortion pill remains legal, we hope this battle to reinstate safety precautions will continue.”
Court: Injury Not Proven
The Supreme Court argued that the plaintiffs failed to demonstrate that the FDA’s relaxed regulatory requirements likely would cause injury. Therefore, the federal courts are the wrong forum for addressing the plaintiffs’ concerns about FDA’s actions. The plaintiffs may present their concerns and objections to the President and FDA in the regulatory process or to Congress and the President in the legislative process.
The court said the lower court’s ruling went beyond the authority of the judicial branch and that pro-life advocates should express their views about abortion and mifepristone to fellow citizens, including in the political and electoral processes. The plaintiffs believed the FDA improperly approved mifepristone and made changes to the advised use of the drug during the COVID-19 pandemic. The Alliance also claims the FDA failed to adequately consider the risks of the drug and that it violates the First Amendment.
Most Abortions are Chemically Induced
According to the Guttmacher Institute, a research arm of the abortion industry, approximately 63% of all abortions are done using chemical abortion methods like mifepristone and misoprostol.
Mifepristone is used in combination with misoprostol, a prostaglandin, to cause an abortion. Mifepristone blocks progesterone, leading to the death of the unborn baby, while the second drug, misoprostol, causes powerful, painful uterine contractions to expel the dead or dying baby.
Under the Biden Administration, the FDA weakened the Risk Evaluation and Mitigation Strategy (REMS) requirements for the drug combination to allow it to be dispensed and mailed by pharmacies.