The Supreme Court just threw out the case against the FDA on the abortion drug Mifepristone, ruling that the group bringing the lawsuit lacks standing.
The ruling was unanimous:
#BREAKING: Unanimous #SCOTUS throws out challenge to mifepristone; holds in opinion by Justice Kavanaugh that the plaintiffs lack standing.
— Steve Vladeck (@steve_vladeck) June 13, 2024
#BREAKING: A 9-0 Supreme Court STRIKES DOWN a national ban on the FDA’s loosened restrictions for abortion medication mifepristone, finding the challengers don't have standing to sue.
(FDA v. Alliance for Hippocratic Medicine, No. 23-235) #SCOTUS— Katie Buehler (@bykatiebuehler) June 13, 2024
According to Amy Howe, the opinion states “Under Article III of the Constitution, a plaintiff’s desire to make a drug less available for others does not establish standing to sue. Nor do the plaintiffs’ other standing theories suffice,” Kavanaugh writes.”
She adds from the opinion: “The challenge was filed by doctors who are opposed to abortion and groups of doctors whose members are opposed to abortion, but the doctors themselves do not prescribe or use mifepristone, Kavanaugh writes, and the “FDA is not requiring them to do or refrain from doing anything.””