US Supreme Court: Law vs. Science

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Published in
3 min readMar 26, 2024

The Abortion Pill’s Fate: Today the US Supreme Court debatse the use of mifepristone for abortion as a group of doctors questions the drug’s safety — however, a recent study disagrees. The outcome could significantly weaken the FDA’s authority.

Text by: Anke Aufmuth | DocCheck Team

Today (March 26th, 2024) the US Supreme Court will argue a legal case concerning mifepristone, a medication used for abortion and treating miscarriages. Even though mifepristone has been used in the US for more than 20 years, a group of anti-abortion doctors seek to roll back FDA decisions that changed and relaxed some prescribing rules, e.g. approving the drug for up to 10 weeks gestation and allowing dispensing through the mail and retail pharmacies.

The plaintiffs in the case called FDA v. Alliance for Hippocratic Medicine argue that the FDA did not sufficiently study the safety risks of the drug before approving it in the year 2000. They claim that doctors had to treat patients who suffered from complications from mifepristone. But what is the truth behind the safety concerns?

Study: Prescribing Abortion Pills Remotely Is Safe

Last month a study was published in Nature Medicine that provides more evidence supporting the safety of prescribing abortion pills, even through remote methods. It was conducted on over 6,000 women who received medical abortion through telehealth consultations. They received 200 μg mifepristone and 1.600 μg misoprostol — the second drug in the regimen that in combination is used to induce abortion.

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The study revealed that 97.7 % of patients achieved complete abortions, with only 2.3 % requiring further intervention due to initial treatment insufficiency. Severe adverse events were rare, occurring in only 0.25 % of cases, mirroring rates reported in in-person settings. 0.16 % were treated for an ectopic pregnancy and 1.3 % of abortions were followed by emergency department visits. Importantly, the method of telehealth consultation — whether via video calls or text messages — did not significantly affect safety or effectiveness.

Threatening FDA’s Authority

As discussions surrounding abortion access continue, the Supreme Court’s decision is eagerly awaited — although the court is not expected to decide on the case until this summer. If the doctors achieve their goal, it could dramatically change abortion access in the US and could also have unpredictable effects on how drugs are prescribed, controlled, and created. Experts fear that if a judge can reverse the FDA’s decisions or if any group can sue the agency based on theoretical harm, it means that judges could start making medical decisions and that almost anyone opposing a drug could file a lawsuit.

Image source: Benjamin Moss, Unsplash

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