In abortion pill arguments, Supreme Court justices seem skeptical about FDA accountability experts say
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The Supreme Court on Tuesday heard arguments challenging the Food and Drug Administration’s (FDA) relaxed regulations on a widely prescribed abortion pill, and while legal experts say that the case could be tossed due to a lack of standing, the justices appeared skeptical of the idea that the FDA could face no liability.
Erin Hawley, senior counsel for Alliance Defending Freedom, argued the case on behalf of a group of doctors challenging the FDA's loose access restrictions on mifepristone.
While the justices seemed skeptical that the doctors had standing to sue, they did seem to take issue with the lack of accountability for the FDA for any harms caused by the abortion pill.
"It's quite troubling. It's one thing to say no one has standing in a taxpayer case where it affects everyone. Here you have the FDA who's not publicly accountable at all really, and has continually deregulated mifepristone. So I think that will be something the court really struggles with," Hawley said.
SUPREME COURT APPEARS INCLINED TO PRESERVE BROAD ACCESS TO ABORTION DRUG
Justice Samuel Alito at one point questioned Solicitor General Elizabeth Prelogar, arguing for the FDA.
"The statement was made that no court has ever previously second-guessed the FDA's judgment about access to a drug," he said. "It's never