Mifepristone Is Safe for Now—but Comstock Is Waiting in the Wings

As I’m sure you’ve heard, the Supreme Court ruled today that the anti-abortion doctors who sued the FDA in an attempt to reverse the agency’s approval of mifepristone, a medication abortion drug, don’t have standing. In other words, they failed to prove they were harmed by the FDA’s approval of a drug.

Unfortunately, the legal battle over abortion pills will rage on.

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I’ve seen a whole lot of headlines that say the case was “dismissed.” That is not true. The Supreme Court remanded the case, meaning the justices sent it back down to lower courts for further consideration in light of their decision. And in the Texas district court where the case was first filed, three states that ban abortion have already been granted permission to intervene. They can—and likely will—resurrect this case.

Even if they don’t, the anti-abortion movement has several other options at its disposal to ban abortion pills, including the Comstock Act.

Learn more in my breakdown of this legal fight, up at Rewire today.

And stay tuned: We’re still waiting on the Court’s decision in the case regarding EMTALA, the law that requires hospitals to provide emergency medical care, including abortions when necessary.