SCOTUS Rejects Attacks on Medication Abortion

(Washington, DC) Today the United States Supreme Court ruled on Alliance for Hippocratic Medicine et al v. US Food and Drug Administration, keeping medication abortion legal - for now. 

In this case, the Supreme Court considered a challenge to the FDA’s approval of mifepristone —  one of two safe, effective medicines most commonly used for medication abortion early in pregnancy (also known as the “abortion pill”). 

The Supreme Court’s positive ruling today means that, for now, in places where abortion is legal like in New England, access to medication abortion will remain unchanged. 

Below are statements responding to today’s Supreme Court ruling from members of the New Hampshire Reproductive Rights Coalition:

“This case should have never made it this far. Providers, patients, and advocates have spent months worrying about the future of medication abortion, even though there is overwhelming evidence — and more than two decades of use, to make it clear that medication abortion is safe and effective.” Sandi Denoncour, Executive Director of Lovering Health Center.

“While we can breathe a sigh of relief today, we know that this ruling isn’t a complete ‘win’. Anti-abortion politicians and leaders both in New Hampshire and nationwide have made their intentions clear. They will continue to attack the safe, legal abortion care that we provide and they won’t stop until they ban abortion nationwide.” Jinelle Hobson, Executive Director of Equality Health Center. 

“Medication abortion helps patients to manage their abortion safely, on their own terms, and has expanded access to reproductive health care. This was yet another effort by people opposed to safe, legal abortion to interfere with the health care provider and patient relationship, and another attempt to make it more difficult for patients to get the medical care they need and deserve.” Kayla Montgomery, VP of Public Affairs, Planned Parenthood of Northern New England.

“While we are thrilled that medication abortion remains available in the Granite State and that the Supreme Court dismissed this purely political attack on abortion care, we know another is right around the corner. Anti-abortion activists have made their aim quite clear: they will not stop until abortion is banned in all fifty states. We cannot lose sight of the work ahead of us to protect and expand access to the full spectrum of reproductive health care for every person in New Hampshire and beyond," said Rebecca Hart Holder, President of Reproductive Equity Now.

“Granite Staters have long supported the right to safe, legal, accessible abortion. Today’s U.S. Supreme Court decision, which allows patients to continue to access mifepristone is an important victory for reproductive rights. We won’t stop advocating for reproductive freedom, because access to the full range of reproductive health care, including abortion, is crucial to women’s health and economic security and has long-term impacts on women and their families.” Tanna Clews, CEO, New Hampshire Women’s Foundation 

“We are relieved that medication abortion remains available, safe, and legal in New Hampshire. But today’s decision does not stop what we already know: that anti-abortion extremists are pushing lawsuits and legislative bills to prevent patients from accessing the reproductive healthcare they need. These relentless assaults reveal the cruel reality they want to force on us, one where politicians control our own bodies and futures and where states criminalize people seeking and providing health care. We await the Court’s decision in another reproductive rights case, where they will determine whether politicians can force doctors to withhold emergency room care from their patients while they suffer severe, life-altering pregnancy complications.” Devon Chaffee, Executive Director of the ACLU of New Hampshire. 

About the case: A group of anti-abortion activists and organizations sued the U.S. Food and Drug Administration (FDA) over its approval of mifepristone, one of two medications most commonly used in medication abortion in the United States. In the case that originated in Texas, Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al, the plaintiffs asked the court to order the FDA to rescind its approval of mifepristone from more than 20 years ago, in order to remove it from the market. On April 21st, 2023 the Supreme Court of the United States granted the stay requested by the Department of Justice (DOJ) and Danco in Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al. allowing mifepristone’s FDA approval to remain unchanged as the case proceeds through the Fifth Circuit Court of Appeals and the Supreme Court. This case had oral arguments at the Supreme Court on March 26. For more information about this case and medication abortion, click here