The United States Court of Appeals for the Ninth Circuit is set to review a case involving access to abortion pills, with the potential for Supreme Court involvement. The case, known as American College of Obstetricians and Gynecologists v. FDA, centers around the restrictions placed on the distribution of mifepristone, a medication used in medication abortions.
In 2000, the FDA approved mifepristone for use in medication abortions, which involve taking two pills to terminate a pregnancy. However, the FDA placed strict regulations on the distribution of the medication, requiring it to be dispensed only in clinics, medical offices, and hospitals, and not through pharmacies or mail-order services.
In July 2020, a federal district court in Maryland issued an injunction against these restrictions, citing the COVID-19 pandemic and the need for patients to access medication abortions remotely. The court found that the FDA’s restrictions on mifepristone were medically unnecessary and placed an undue burden on patients seeking abortions.
The Trump administration appealed this decision to the Ninth Circuit, which will now review the case. If the Ninth Circuit upholds the district court’s decision, it could have significant implications for access to abortion care across the country.
However, even if the Ninth Circuit rules in favor of access to mifepristone, the case may still be appealed to the Supreme Court. The Supreme Court currently has a conservative majority, and its recent decisions on abortion rights have been concerning for reproductive rights advocates.
In June 2020, the Supreme Court struck down a Louisiana law that would have severely restricted access to abortion clinics in the state. However, Chief Justice John Roberts, who provided the deciding vote in that case, made it clear that he did not believe in a constitutional right to abortion. This has led many to worry that future abortion cases could be decided against reproductive rights.
The potential involvement of the Supreme Court in this case highlights the ongoing battle over abortion rights in the United States. While access to abortion has been legal since the landmark Roe v. Wade decision in 1973, conservative lawmakers and activists have been working to restrict access to abortion care through a variety of means, including restrictive laws and regulations.
Reproductive rights advocates argue that access to safe and legal abortion care is essential for women’s health and autonomy. They point out that medication abortions are a safe and effective way to terminate a pregnancy, and that restrictions on mifepristone only serve to make it harder for patients to access this care.
The outcome of the American College of Obstetricians and Gynecologists v. FDA case could have significant implications for access to abortion care in the United States. It remains to be seen whether the Ninth Circuit will uphold the district court’s decision, and whether the Supreme Court will ultimately become involved in the case. However, reproductive rights advocates will continue to fight for access to safe and legal abortion care, no matter what happens in the courts.
