Supreme Court Mifepristone Decision Sets High Bar For FDA Suits, But Risks To Agency Authority Linger

The unanimous decision that the Alliance for Hippocratic Medicine lacks standing to challenge the FDA’s relaxation of the abortion pill REMS leaves unclear whether the court would have deferred to the agency’s expertise on the merits. 

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The US Supreme Court abortion pill opinion sets a high bar for FDA lawsuits, but future tests of FDA's authority remain a risk. • Source: Shutterstock

The US Supreme Court’s unanimous decision to dismiss a challenge to the US Food and Drug Administration’s regulation of the abortion pill mifepristone on the grounds the plaintiff lacked standing sets a high bar for future legal challenges of the agency's decisions.

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