Supreme Court appears inclined to preserve broad access to abortion drug

The Supreme Court appeared ready to dismiss a challenge on Tuesday from opponents of the Food and Drug Administration's (FDA) relaxed requirements for dispensing an abortion drug, used to terminate nearly two-thirds of abortions in the country. That would be a victory for the Biden administration and abortion rights supporters, by keeping current rules in place and allowing access in most of the country to the medication.

The justices heard about 90 minutes of arguments about the federal government regulations since 2016 that made access to the drug mifepristone easier, including access by mail. A majority on the court — including several conservatives — suggested individual doctors and advocacy groups that sued may lack "standing" or a legal right to sue to block nationwide access to the medication. Ruling on that legal threshold could mean the court would not address the broader legal arguments over the level of judicial oversight for federal agency actions, including FDA authority to regulate the safety of medicines.