Response to U.S. Supreme Court Ruling on Mifepristone Regulation

Today, the U.S. Supreme Court rejected a lawsuit brought forth by the Alliance for Hippocratic Medicine, which challenged the Food and Drug Administration’s (FDA) approach to regulating the abortion pill mifepristone. While the ruling is disappointing, it is crucial to note that the Court’s decision was not based on the merits of the case. Instead, it was a technical ruling; the Court unanimously determined that the doctors and pro-life groups challenging access to the drug lacked standing.

The Court did not address the merits of the case because the threshold issue was whether the plaintiffs had standing to sue under Article III of the Constitution. Article III standing is a fundamental constitutional requirement. In today’s ruling, the Court cited Justice Scalia, who noted that Article III requires plaintiffs to answer the basic question: “‘What’s it to you?’” (A. Scalia, The Doctrine of Standing as an Essential Element of the Separation of Powers, 17 Suffolk U. L. Rev. 881, 882 (1983)).

To seek a judicial determination, a plaintiff must have a “personal stake” in the dispute, rather than being a mere bystander.

Today’s ruling does not impact Kentucky. Following the Dobbs decision in June 2022 and the enactment of Kentucky’s Trigger Law, abortion is restricted under Kentucky law except to save the life of the mother. Additionally, the law passed in 2022 under HB3 restricted the prescribing, distribution, and mailing of the abortion pill regimen within the Commonwealth.

“We continue to have grave concerns about the dramatic increase in illegal trafficking of abortion pills into Kentucky, sold to women and minors via out-of-state websites and black market profiteers,” stated Addia Wuchner, R.N., and Executive Director of Kentucky Right to Life. When the FDA dismatled it’s safety standards, there is signfigant healthrisk with this aggressive online marketing targeting vulernable women and girls”.

The Court did not rule on whether the FDA acted properly in removing previous safeguards. Women deserve better.

“Kentucky Right to Life remains firmly opposed to the termination of life by any form of abortion—medical, chemical, or surgical. As a life-affirming organization, we advocate for the lives of both mothers and their babies. Due to today’s ruling, women remain at risk for life-impacting and life-threatening complications such as infection, hemorrhage, and failure to properly diagnose ectopic pregnancy, Rh incompatibility, or pre-existing health issues prior to prescribing the mifepristone regimen,” continued Wuchner.  

“As a nurse, I believe that when patient safety is abandoned, it is not healthcare. While we oppose abortion, as long as abortion pills are legal anywhere, we will continue to advocate for the reinstatement of safety regulations.”