Published: March 22, 2024 • By Jennifer Soules

The Supreme Court will hear arguments over mifepristone on March 26. Mifepristone is a drug used in medication abortions and has been frequently challenged in courts across the country. Both the drug's FDA approval and regulations about who can prescribe and access the drug have been challenged. The Supreme Court will only consider mifepristone regulations, not the drug's overall approval.听

CU Boulder Today spoke with Jennifer Hendricks, a professor at the University of Colorado Law School, to understand her interpretation of the rulings.听

Professor Jennifer Hendricks

Professor Jennifer Hendricks

Q. What is the Supreme Court considering in this case?听

JH: The use of mifepristone听was recently challenged by a group of primarily anti-abortion doctors. The听group sought to question the FDA's initial approval of mifepristone, as well as the FDA's decision to relax requirements for obtaining the drug. And they won both those arguments in the lower courts. Eventually, an appeals court upheld the FDA's initial approval of medication abortion and mifepristone but听struck down the relaxation of restrictions. And that's what is now before the Supreme Court鈥攖he FDA's decisions on how and when mifepristone can safely and effectively be used.

Q. What are the potential outcomes here?听听

JH: If the Supreme Court upholds the FDA action, then nothing changes. All the lower court decisions are paused right now and the FDA hasn't had to change anything.听

If they decide to strike down and overrule the FDA's changes in regards to the drug, a few things could happen. The justices may make everything clear in their decision. Then the FDA would have marching orders on what to do next. Or the court might think something needs to be reconsidered and send it back to a lower court.听

Q. What are pharmaceutical companies concerned about in this case?听

JH: The FDA's approval of mifepristone stands. But听the second guessing of medical expertise and the FDA's expertise about medications听that the lower courts engaged in was off the charts. That's one of the reasons why this case has been so prominent. It raises all sorts of concerns about access to abortion. It also makes drug companies wonder about the approval process and what other approved drugs could potentially be questioned or revoked one day.听

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CU Boulder Today regularly publishes Q&As with our faculty members weighing in on news topics through the lens of their scholarly expertise and research/creative work. The responses here reflect the knowledge and interpretations of the expert and should not be considered the university position on the issue. All publication content is subject to edits for clarity, brevity and听university style guidelines.

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