Supreme Court hears arguments on abortion pill, Mifepristone
Correspondent: Natalie Brand
(CBS) - The Supreme Court is hearing arguments today in an abortion case that could affect women across the country.
The conservative-leaning court is considering whether the FDA overstepped when it made the so-called abortion pill, Mifepristone, easier to get.
Protesters on both sides of the abortion issue gathered outside the Supreme Court Tuesday as the justices heard arguments whether the Food and Drug Administration adequately considered safety when it expanded access to the so-called abortion pill, mifepristone.
Used with another drug, Mifepristone is the most common type of abortion nationwide.
In 2016, the FDA extended the window women can take the pill from seven to ten weeks. And during the pandemic, it said an in-person doctor's visit was not needed - allowing mail-order pharmacies to ship the drug nationwide.
"Today represents a monumental moment where it will be decided just how far we are willing to go as a society to have abortion on demand at any cost," said Chelsey Youman, Human Coalition National Director of Public Policy.
Critics argue those changes compromise women's health.
"In 2021, it eliminated the initial in-person visit based on data it says elsewhere is unreliable," said Erin Hawley, Alliance for Defending Freedom.
The government argues Mifepristone is safe and the case is a blatant effort to further restrict abortion.
"The studies that FDA examined, instead demonstrated that these changes, and it was an exhaustive examination, were safe," said Elizabeth Prelogar, U.S. Solicitor General.
This case has far reaching implications because if the court overrides FDA approval, it could impact the agency's authority to regulate other prescription drugs.
Some justices expressed concern about undermining the power of the FDA.
"Is it the only time any court has restricted access to an FDA-approved drug by second-guessing FDA's expert judgment?" stated Elena Kagan, Supreme Court Justice.
The court is expected to make a decision by early July.
If the justices decided to roll back the use of Mifepristone, it could still be used up to seven weeks of pregnancy instead of ten but it would be harder to get through the mail through telehealth appointments.
