The court ruled 6-3 that District Judge Theodore Chuang did not have the authority to order the FDA to lift abortion pill regulations. “My view is that courts owe significant deference to the politically accountable entities with the ‘background, competence, and expertise to assess public health,’ ” Chief Justice John Roberts wrote, adding, “In light of those considerations, I do not see a sufficient basis here for the district court to compel the FDA to alter the regimen for medical abortion.
Stephen Breyer, Sonia Sotomayor, and Elena Kagan were the dissenting votes in the decision.
The American College of Obstetrician-Gynecologists (ACOG) sued the FDA in 2020 to halt the enforcement of federal Risk Evaluation and Mitigation Strategy (REMS) requirements. REMS restrictions require women to first see a doctor in-person before they receive the abortion drug Mifepristone. By doing so, a doctor can confirm the woman's pregnancy and determine whether abortion via the abortion pill regimen would be safe. Using the abortion pill regimen during later-term pregnancies or ectopic pregnancies could pose significant health risks to women.
In July, ACOG successfully convinced Judge Chuang that the requirements posed an undue burden to women during a pandemic, so he ordered the FDA to lift those requirements for the pandemic's duration. This allowed companies to sell abortion pills online and distribute them over mail to people across the country.
For the time being, however, REMS rules regarding abortion pill distribution have been restored.
Carol Tobias, president of National Right to Life, commented on the decision: “We are pleased that the U.S. Supreme Court recognizes the serious nature of chemical abortions and the need for the FDA to have protocols in place to protect women from potentially life-threatening and devastating side effects.”
