Mifepristone: The Next SCOTUS Battle

When the Supreme Court of the United States (SCOTUS) overturned Roe v. Wade in 2022, reversing the constitutional right to an abortion after nearly 50 years, Lift Louisiana knew there were more battles to come. And that next battle begins on March 26, when SCOTUS will hear arguments about access to mifepristone, the first pill taken in a two-drug regimen for medication abortion. 

There is a lot at stake for reproductive rights with this SCOTUS ruling, which should come sometime in the late spring. More than five million women in the US have used the drug to end pregnancies, and the Food and Drug Administration and others have thoroughly tested mifepristone, conclusively showing it to be safe and effective. 

Ignoring this scientific evidence, U.S. District Judge Matthew Joseph Kacsmaryk issued a preliminary ruling in April of last year against the F.D.A’s approval of the drug. After Kacsmaryk’s ruling was appealed, a panel from the U.S. Court of Appeals for the Fifth Circuit ruled that mifepristone could remain available, but with severe restrictions including that it could only be used within the first seven weeks of pregnancy and only prescribed and dispensed by a physician. A patient would have to see the doctor three times during the medication abortion regimen despite the drug being shown to be safer than common low-risk prescription drugs including penicillin and Viagra. 

Mifepristone has a decades-long history of safe and effective use, and has been the gold standard in abortion care as well as miscarriage management. Restricting access not only limits the ability of people across the country to choose to end a pregnancy, but it also undermines the quality of pregnancy care across the board. 

We at Lift urge you to pay attention to this case and its potentially disastrous consequences. Our legal experts will keep you informed, alert you to what actions you can take before the ruling, and when the decision is announced, how it will affect you. 

PLEASE NOTE: Despite access to mifepristone being preserved until SCOTUS reviews this case, Louisiana’s abortion ban is still in effect, and access is severely restricted across the state. Check out “Abortion Resources” on our website.