Supreme Court hears abortion pill arguments

WASHINGTON (NEXSTAR) – The Supreme Court heard arguments Tuesday on the first abortion case since it overturned Roe v. Wade two years ago.

The Alliance for Hippocratic Medicine says the FDA’s guidelines are unsafe.

They allow the abortion drug mifepristone to be sent by mail and without an in-person doctor’s visit.

“Without ever having been checked by a doctor for life threatening conditions. That’s reckless,” said Erin Hawley with the Alliance for Defending Freedom.

The alliance is made up of medical groups that oppose abortion and they’re asking the high court to limit access to the drug.

“Without question, the FDA’s actions have made taking chemical abortion drugs less safe,” said Hawley.

Lawyers for the drugmaker say research shows it is safe.

“The FDA acted on an extensive body of evidence.” said Jessica Ellsworth, Attorney for Danco Laboratories.

The Biden administration defended the FDA in court saying opponents lack legal standing to even bring the case because they aren’t harmed by the FDA’s rules.

“We don’t think they come within 100 miles of the kind of circumstances this court has previously identified,” said Elizabeth Prelogar, U.S. Solicitor General.

The court seemed concerned that the case could have a broader impact on how government agencies do their business.

“This case seems like a prime example of turning, what could be a small lawsuit, into a nationwide legislative assembly on an FDA rule or any other federal government action,” said Justice Neil Gorsuch.

A decision by the Supreme Court is expected later this year.

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