The Supreme Court Upholds Broad Access To The Abortion Pill Mifepristone (2024)

The Supreme Court refused to limit access to a widely used abortion medication on Thursday, June 13. The unanimous ruling rejected a challenge from anti-abortion doctors on procedural grounds, according to The Washington Post.

The court sided with the Biden administration and the manufacturer of mifepristone and reversed a lower court decision that would have made it more difficult to obtain the drug used in more than 60 percent of U.S. abortions.

The court ruled that the doctors and anti-abortion groups that had challenged access to the drug did not have standing to sue. The decision was not on the substance of the case. The court’s reasoning is important because it might encourage other mifepristone challenges in the future, according to CNN.

The legal battle comes two years after the overturning of Roe v. Wade in June 2022. In January 2024, the FDA finalized a first-of-its-kind ruling that allowed retail pharmacies to offer abortion pills in the United States, which has the potential to expand abortion access.

Retail pharmacies could complete a certification process to start providing the pills, and major chains like Walgreens and CVS said they planned on applying for and starting the certification process in states where abortion is legal, per The New York Times.

However, since last summer, lawmakers in conservative states have targeted abortion pills, and at least 24 states have already made abortion illegal or are likely to do so, per the Guttmacher Institute.

A new Supreme Court ruling on abortion pill limits may have you wondering what the abortion pill is, how it works, and if you can find it at your local pharmacy. Read on for everything there is to know about medication abortions.

Meet the experts: Kate O'Connell White, MD, is a practicing ob-gyn and an associate professor of obstetrics and gynecology at the Boston University School of Medicine. Ushma Upadhyay, PhD, is a professor for the Department of Obstetrics, Gynecology and Reproductive science at UC San Francisco. Erin Flynn is a family nurse practitioner and doctor of nursing practice at Favor.

What is the abortion pill?

The first thing to know about the abortion pill is that it's not just one pill—it's generally five pills consisting of two different medications.

The first medication is called mifepristone, says WH advisor Kate O'Connell White, MD, an ob-gyn and associate professor at Boston University School of Medicine. "The second set of pills are the misoprostol, where you usually take four of them roughly 24 to 72 hours after the mifepristone," she adds.

Mifepristone can also be used to manage an early miscarriage, according to Planned Parenthood.

Misoprostol is currently widely available in pharmacies, since it has other uses such as softening the cervix for IUD insertion and preventing gastric ulcers for those who take inflammatory medication.

How does it work?

Mifepristone blocks a hormone called progesterone that is needed for a pregnancy to continue, according to the FDA. The agency has authorized the medication's use in the first 10 weeks of pregnancy.

Misoprostol helps the uterus contract and dilates the cervix to expel the pregnancy tissue from the body, per Planned Parenthood.

What are the side effects?

Since medication abortion requires two kinds of medication, users can expect two waves of side effects.

"The most common side effects are the ones you want to happen," explains Dr. White. After taking mifepristone, patients will start vagin*l bleeding and having contractions, which will cause uterine cramping. She notes that these cramps can get severe and can be accompanied by diarrhea, low-grade fever, and chills.

"It can be scary for someone who doesn’t know what to expect," adds Ushma Upadhyay, a professor for the Department of Obstetrics, Gynecology and Reproductive Science at UC San Francisco. "Some people also experience nausea and vomiting. Lighter bleeding can continue for two weeks or more."

If you don't experience side effects, reach out to your medical provider to see if you need a second dose.

How much does the abortion pill cost?

The price will mostly depend on where you live.

In a survey of almost 800 clinics across the nation, the average cost of a medication abortion is $568, according to a report from the Abortion Facility Database Project, Advancing New Standards In Reproductive Health (ANSIRH), and the University of California San Francisco.

The same study found that clinics in the South charged around $520 while clinics in the West charged $650.

"Depending on one’s state of residence and specific policy, abortion may be covered by insurance or Medicaid," explains Upadhyay. "Virtual clinics, also called Telehealth services, such as Hey Jane, Choix, Abortion on Demand, and Just The Pill are able to offer medication abortion at much lower prices, but they generally don’t accept insurance."

Can I now get abortion pills at my local pharmacy?

Thanks to the March FDA ruling, any retail pharmacy can become certified to dispense mifepristone, says Erin Flynn, a family nurse practitioner and doctor of nursing practice at Favor. The ruling mostly affects mifepristone, previously only distributed by specially certified doctors, clinics, or select mail-order pharmacies.

But pharmacies likely haven't met the new FDA regulations to have abortion pills available for distribution yet. Depending on the retailer, this process can take months to years.

"In the long term, this has the possibility of increasing access to abortion for people who don't have an abortion provider in the neighborhood, county, city, etc., or who feel more comfortable managing the abortion on their own," says Dr. White.

Additional reporting by Emily Shiffer.

The Supreme Court Upholds Broad Access To The Abortion Pill Mifepristone (1)

Sabrina Talbert

Editorial Assistant

Sabrina is an editorial assistant for Women’s Health. When she’s not writing, you can find her running, training in mixed martial arts, or reading.

The Supreme Court Upholds Broad Access To The Abortion Pill Mifepristone (2)

Olivia Evans

News Editorial Assistant

Olivia Evans (she/her) is an editorial assistant at Women’s Health. Her work has previously appeared in The Cut and Teen Vogue. She loves covering topics where culture and wellness intersect. In her free time, she enjoys cooking, running, and watching rom-coms.

The Supreme Court Upholds Broad Access To The Abortion Pill Mifepristone (2024)

FAQs

What was the Supreme Court decision on the mifepristone case? ›

The US Supreme Court has unanimously rejected an effort to restrict access to the abortion pill mifepristone. The decision, which came two years after the court rescinded the nationwide guarantee to an abortion, was welcomed by pro-choice activists.

What is the standing in the mifepristone case? ›

On June 13, 2024, the Supreme Court unanimously ruled that the plaintiff medical associations and doctors—who neither prescribe nor use mifepristone and are unregulated by FDA—lacked standing to challenge the agency actions at issue because they failed to show causation and an injury in fact.

What was the Supreme Court decision on the alliance? ›

“The Justice Department is gratified that today's unanimous decision in FDA v. Alliance for Hippocratic Medicine ensures that mifepristone remains available for women across the country on the terms approved by the Food and Drug Administration (FDA).

When did the FDA approve mifepristone? ›

FOOD AND DRUG ADMINISTRATION ET AL. v. ALLIANCE FOR HIPPOCRATIC MEDICINE ET AL. In 2000, the Food and Drug Administration approved a new drug application for mifepristone tablets marketed under the brand name Mifeprex for use in terminating pregnancies up to seven weeks.

What is the current status of mifepristone? ›

For now, mifepristone remains available under the current risk evaluation and mitigation strategy—also known as REMS—criteria.

What is the function of misoprostol drugs? ›

Misoprostol is used to decrease the risk of having stomach ulcers in patients taking nonsteroidal anti-inflammatory drugs (NSAIDs) including aspirin. This medicine works by helping the stomach protect itself against acid damage, and decreases the amount of acid produced by the stomach.

What is the result of mifepristone? ›

Mifepristone is a drug that blocks a hormone called progesterone that is needed for a pregnancy to continue. Mifepristone, when used together with another medicine called misoprostol, is used to end a pregnancy through ten weeks gestation (70 days or less since the first day of the last menstrual period).

What are the results of the mifepristone clinical trial? ›

Successful termination of early pregnancy was achieved in 82.6 to 100% of the patients enrolled in these studies and the safety of mifepristone was confirmed.

What does mifepristone act on? ›

Mifepristone works by antagonism of glucocorticoid and progesterone receptors. At low doses, mifepristone works by being a selective antagonist of progesterone. The drug does so by binding to the intracellular progesterone receptor. At high doses, mifepristone blocks cortisol at the glucocorticoid receptor.

Who can overturn a Supreme Court decision? ›

When Congress disagrees with the Supreme Court about an interpretation of the Constitution, the only direct way to override that interpretation is for two-thirds of both houses of Congress to propose an amendment to the Constitution, which then must be ratified by three-quarters of the states.

Who is being impeached in the Supreme Court Justice system in 2024? ›

Introduced in House (07/10/2024) Impeaching Clarence Thomas, Associate Justice of the Supreme Court of the United States, for high crimes and misdemeanors.

What was the leaked Supreme Court decision? ›

On June 26, 2024, the Court inadvertently posted a document to its website that appeared to be an opinion for Moyle v. United States. The opinion seemed to indicate that the court will temporarily allow abortions in medical emergencies in Idaho.

Can mifepristone be used as emergency contraception? ›

Mifepristone is a highly effective post-coital contraceptive up to 120 h unprotected intercourse and should be offered to women who present late for emergency contraception and find the IUCD an unacceptable method.

What was the court decision on mifepristone? ›

Unanimous Supreme Court preserves access to widely used abortion medication. The Supreme Court has preserved access to a medication that was used in nearly two-thirds of all abortions in the U.S. last year. Highlights: Replay AP's live coverage of the Supreme Court's decision to preserve access to mifepristone.

What was the Supreme Court opinion on Emtala? ›

What the court decided. In a unanimous opinion, SCOTUS dismissed the case on the basis that the plaintiffs who initiated the case did not have the necessary legal standing to bring this challenge in federal court in the first place.

What is the Scotus case on birth control? ›

Currently, the right to contraception is protected by two landmark Supreme Court decisions, Griswold v. Connecticut (1965) and Eisenstadt v. Baird (1972). In Griswold, the Court recognized that the constitutional right to privacy encompasses the right of married people to obtain contraceptives.

What is the amicus brief of mifepristone case? ›

The amicus brief

Specifically, the brief argued that, given the FDA's expertise, the data required to be submitted to the agency to support a new drug application, and its rigorous review of that data, there should be an extremely high bar for second-guessing FDA's determination that a drug is safe and effective.

Who can prescribe mifepristone? ›

Mifepristone must be prescribed by a health care provider that meets certain qualifications and is certified under the Mifepristone REMS Program. In order to become certified to prescribe mifepristone, health care providers must complete a Prescriber Agreement Form.

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