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Tuesday, March 26, 2024
Today’s Paper
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Abortion Pill Case

 * Supreme Court Arguments
 * Takeaways
 * What to Know
 * A Central Question
 * Mifepristone, Explained
 * Who Is Erin Hawley?

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SUPREME COURT SEEMS INCLINED TO REJECT BID TO CURTAIL ABORTION PILL ACCESS

A majority of the justices questioned whether a group of anti-abortion doctors
and organizations trying to sharply limit availability of the medication could
show they suffered harm.

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The challenge to the abortion pill was brought in the fall of 2022, a few months
after the Supreme Court overturned Roe v. Wade.Credit...Kent Nishimura for The
New York Times

By Abbie VanSickle

Reporting from Washington

 * March 26, 2024Updated 8:24 p.m. ET



A majority of the Supreme Court appeared deeply skeptical on Tuesday of efforts
to severely curtail access to a widely used abortion pill, questioning whether a
group of anti-abortion doctors and organizations had a right to challenge the
Food and Drug Administration’s approval of the medication.

Over nearly two hours of argument, justices across the ideological spectrum
seemed likely to side with the federal government, with only two justices, the
conservatives Samuel A. Alito Jr. and, possibly, Clarence Thomas, appearing to
favor limits on the distribution of the pill.

Describing the case as an effort by “a handful of individuals,” Justice Neil M.
Gorsuch raised whether it would stand as “a prime example of turning what could
be a small lawsuit into a nationwide legislative assembly on an F.D.A. rule or
any other federal government action.”

The challenge involves mifepristone, a drug approved by the F.D.A. more than two
decades ago that is used in nearly two-thirds of abortions in the country. At
issue is whether the agency acted appropriately in expanding access to the drug
in 2016 and again in 2021 by allowing doctors to prescribe it through
telemedicine and to send the pills by mail.



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The Biden administration had asked the Supreme Court to intervene after a
three-judge panel of a federal appeals court favored curbing distribution of the
drug. Until the justices decide, access to mifepristone remains unchanged,
delaying the potential for abrupt limits on its availability.

Even if the court preserves full access to mifepristone, the pills will remain
illegal in more than a dozen states that have enacted near-total abortion bans.
Those bans do not distinguish between medication and surgical abortion.

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Abbie VanSickle covers the United States Supreme Court for The Times. She is a
lawyer and has an extensive background in investigative reporting. More about
Abbie VanSickle

A version of this article appears in print on March 27, 2024 of the New York
edition with the headline: Justices Respond With Skepticism To Limits on Pill.
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