For the first time since the overturning of Roe v. Wade in 2022, the Supreme Court declared that it will hear a case concerning abortion pill restrictions this term. In a significant legal development this August, the U.S. Court of Appeals for the Fifth Circuit issued a ruling in Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration, determining that mifepristone could continue to be available in the market. However, this allowance stipulates that the drug must adhere to the usage conditions set in 2016. 


Over the years, the FDA has expanded the safety requirements (REMS) for mifepristone, notably permitting mail-order pharmacy distribution in 2021 and further authorizing retail pharmacy sales in 2023. Despite the court’s call for the reinstatement of previous safety standards, the ruling did not immediately impact the availability of mifepristone. This was due to a pre-existing order from the Supreme Court, which remains in effect until the Court revisits the matter or decides against hearing the case on appeal.


Oral arguments at the Supreme Court will precede a decision expected to be released in June. Notably, the justices have opted not to consider a separate challenge related to the FDA’s initial approval of mifepristone in 2000, implying that regardless of the Supreme Court’s decision, the drug will likely remain available. 


Responding to this, Alliance Defending Freedom (ADF), representing the plaintiffs in the original case, released a statement expressing concern over the FDA’s actions. ADF contends that the FDA compromised women’s health by removing essential safeguards from the chemical abortion drug regimen, accusing the FDA of prioritizing politics over the well-being of women and girls. ADF asserted, “Every court so far has agreed that the FDA acted unlawfully by removing common-sense safeguards for women and authorizing dangerous mail-order abortions. We urge the Supreme Court to do the same.”

What Does This Mean For the Pro-Life Movement?


The Supreme Court’s willingness to hear the case may be seen as a positive development, drawing attention to concerns surrounding the abortion pill. While it can be considered a win in some sense, it’s important to highlight that the court’s decision will address the safety standards associated with the abortion pill, not its overall availability. The focus is on determining which safety measures will be upheld, but either way, the abortion pill will still be on the market.


While we should feel grateful for this victory, and the overturning of Roe v. Wade in June 2022, there is still a lot of work to be done. Abortion in all its forms is still widely available. In addition to the increase in babies targeted by chemical abortion, the FDA reports 32 deaths “associated with mifepristone” since its approval in 2000.

Women Deserve the Truth


The real story behind the abortion pill rarely reaches mainstream media. Women are almost universally taught that the abortion pill is as safe and effective as taking Tylenol. Help us in the battle to spread awareness about the dangers of the abortion pill. To express your support or to come alongside Choices in our vital ministry, join us at the Arizona March for Life, visit our website, or reach out to us today.