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U.S. Supreme Court,
Constitutional Law,

Jun. 18, 2024

Lack of standing fizzles mifepristone challenges … for the moment

The Supreme Court did not address the merits of the plaintiffs’ claims, left open the possibility of future lawsuits or policy changes, and deferred to the legislative and executive branches to amend the FDA’s authority if they deem it appropriate.

Emily Brodkin

Associate, Hooper, Lundy & Bookman, P.C.

Taryn A. Reid

Associate, Hooper, Lundy & Bookman, P.C.

Rachel Zacharias

Associate, Hooper, Lundy & Bookman, P.C.


The Supreme Court rejected a challenge to the Food and Drug Administration’s (FDA) approval of the medication abortion drug mifepristone last week, holding the Plaintiffs do not have standing to bring their case in federal court. The ruling retained the status quo for prescribing, dispensing, and accessing the drug, but left open a potential for further legal challenges and legislative action.


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