Supreme Court Showdown Coming After FDA Approved 'Black Box' Abortion Drug Via Mail

The Supreme Court is reviewing a case involving access to the abortion pill mifepristone.

While the Biden administration defends the FDA's 2021 move to make the pill available by mail, pro-life supporters see this as a chance to rein in a 'runaway federal agency.' 

The FDA first approved mifepristone in 2000 with several conditions amid concerns about serious side effects. 

"The FDA also has this drug under a black box, that is their most serious safety regulation," said Katie Daniel, a State Policy Director with Susan B. Anthony List. 

That's because the abortion pill can cause excessive bleeding and even death. 

In 2016, the FDA amended its safety conditions, extending the drug's usage to terminate a pregnancy from 7 to 10 weeks. And in 2021, it announced doctors would no longer be required to prescribe or dispense the pill in person. 

"A group of doctors have sued the FDA claiming that the restrictions that were removed in the years 2016 and 2020 not only put the safety of women and girls at risk, but it also was another usurpation of executive power," said Attorney Sarah Parshall Perry with the Heritage Foundation. 

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Now, the Supreme Court will hear a case challenging the FDA's approval of the pill. The case claims it broke its own rules by loosening safety regulations, like removing follow-up appointments and medical reporting, and making the drug easily accessible by mail. 

"In fact, abortifacients carry a complication rate 50% higher than even surgical abortions, but it accounts for more than 50% of the abortions that take place in the country each year," said Perry. 

She argues the court will not only determine how accessible these pills remain, but it could also set a precedent for the extent of power exercised by the FDA as an executive agency. 

A 2021 poll asked about trust issues when it comes to public health. It revealed only 37% of Americans trust recommendations from the FDA. 

Meanwhile, the Biden administration is defending federal approval of the abortion pill, including its recent move to make it available by mail. 

Now, Danco Laboratories – the company that makes the pill – wants the Supreme Court to reverse the lower court's ruling. 

"It is a drug manufacturer who says, 'We will lose money if safeguards are re-imposed on these medications,'" said Daniel. 

The Supreme Court will likely hear arguments in the case early next year with a decision expected by June. That timing during an election year could further elevate the abortion debate.