Document Type

Blog Post

Publication Date



Last week the Supreme Court heard oral arguments in FDA v. Alliance for Hippocratic Medicine. This case arose out of a challenge to the FDA’s authorization of mifepristone, one of the two drugs currently approved for use in medication abortions. The Supreme Court considered two issues: first, whether the respondents had Article III standing to challenge the FDA’s 2016 and 2021 actions with respect to mifepristone’s approved conditions of use, and second, whether the “FDA’s 2016 and 2021 actions were arbitrary and capricious.” In 2016, the FDA loosened restrictions around the authorization and use of mifepristone, including eliminating the requirement for prescribers to report all nonfatal serious adverse events, extending the period in which it can be used from 7 weeks to 10 weeks, eliminating the requirement that administration of mifepristone occurs in-clinic, removing the requirement for an in-person follow-up exam, and allowing healthcare providers other than physicians to dispense chemical abortion drugs. In 2021, the FDA removed the requirement that mifepristone be prescribed and dispensed in person.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on April 12, 2024. The original post can be accessed via the Archived Link button above.

Included in

Law Commons