Supreme Court rules in abortion medication case, finds group lacked standing to challenge FDA approval

The Supreme Court on Thursday ruledagainsta challenge to the Food and Drug Administration's (FDA) regulatory approval process of the abortion drug mifepristone, in the latest abortion case since the landmark decision in 2022 that overturned Roe v. Wade.

In a victory for the Biden administration and abortion rights supporters, the high court gave a unanimous decision that challengers to the FDA lacked standing to sue the government.

"Under Article III of the Constitution, a plaintiff's desire to make a drug less available for others does not establish standing to sue. Nor do the plaintiffs' other standing theories suffice," Justice Brett Kavanaugh wrote, who authored the unanimous opinion.

"The plaintiffs have sincere legal, moral, ideological, and policy objections to elective abortion and to FDA’s relaxed regulation of mifepristone," he said. "But under Article III of the Constitution, those kinds of objections alone do not establish a justiciable case or controversy in federal court."

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"Here, the plaintiffs have failed to demonstrate that FDA’s relaxed regulatory requirements likely would cause them to suffer an injury in fact. For that reason, the federal courts are the wrong forum for addressing the plaintiffs’ concerns about FDA’s actions," he said.

"The plaintiffs may present their concerns and objections to the President and FDA in the regulatory process, or to Congress and the President in the legislative process. And they may also express their views about abortion and mifepristone to fellow citizens, including in the political and electoral processes," he wrote.

In March, the justices heard about 90 minutes of