The Supreme Court will decide whether the Food and Drug Administration erred in its regulation of mifepristone, a commonly used abortion drug, in the first major abortion case since the landmark Dobbs v. Jackson Women’s Health Organization decision last year.
The court announced Wednesday it would hear oral arguments in two consolidated cases — FDA v. Alliance for Hippocratic Medicine and Danco Laboratories v. Alliance for Hippocratic Medicine — but did not set a date for the arguments, possibly allowing the court to decide the case before July and ahead of the 2024 elections. But the court declined to take up the original 2000 approval of the drug, opting instead to focus only on questions of how and when it is dispensed.
White House Press Secretary Karine Jean-Pierre said the case “threatens to undermine the FDA’s scientific, independent judgment and would reimpose outdated restrictions on access to safe and effective medication abortion” and vowed that President Joe Biden would continue to fight for access to the drug.