The Supreme Court’s recent decision regarding access to the abortion pill mifepristone is not likely to be the end of the legal battle. Texas Judge Matthew Kacsmaryk, who was appointed by Trump, will play a key role in determining whether conservative states can continue their fight against the drug in court. Both sides of the abortion debate are preparing for the case to return to Kacsmaryk’s courtroom in Amarillo.
The recent Supreme Court decision rejected the challenge to mifepristone without addressing the merits of the case. Justice Brett Kavanaugh stated that the anti-abortion groups suing over the drug did not have standing because they were not directly harmed by its use. However, the court left open the possibility for other entities to challenge the FDA’s decisions to loosen regulations on mifepristone.
The battle over mifepristone is expected to continue, as three conservative states have sought to intervene in the case alongside the anti-abortion groups. Missouri Attorney General Andrew Bailey has expressed determination to pursue the case in Texas. The question remains whether the states can continue their lawsuit in Kacsmaryk’s court, as parties must justify filing in a specific federal court.
Kacsmaryk, known for his conservative rulings, has been a target for litigation against the Biden administration’s policies. In the case of mifepristone, his decision to invalidate the FDA’s approval of the drug was later narrowed by a federal appeals court. The potential for the states to continue their lawsuit in his court remains uncertain, as the Supreme Court’s decision on standing could impact their ability to proceed.
While the anti-abortion doctors argued they were impacted by having to treat complications from mifepristone, the Supreme Court dismissed their claims. The states now argue that state-run hospitals and insurance programs bear the costs of adverse effects from the drug. It may be challenging for the states to prove standing and have the case heard by the Supreme Court, as the path forward remains uncertain.
Legal experts believe that the states will face difficulties in continuing their case against the FDA’s actions on mifepristone. The states will need to demonstrate that they have been directly harmed by the drug’s expanded access, a task that may prove challenging in court. Despite the Supreme Court leaving the door open for potential challenges, the path forward for the states appears to be uphill.
