The Supreme Court unanimously dismissed FDA v. Alliance for Hippocratic Medicine on June 13, 2024, ruling 9-0 that the anti-abortion doctors and medical groups who brought the challenge lacked legal standing to sue the FDA over its approval and regulation of mifepristone. The decision preserved FDA approval of mifepristone and its current prescribing rules without ruling on the underlying merits of the challenge. These facts are confirmed by the Supreme Court's opinion, Fox News, NPR, CNN, and the Alliance for Hippocratic Medicine.
Mifepristone, used in combination with misoprostol for medication abortion, accounts for approximately 63% of all abortions in the United States. The FDA first approved mifepristone in 2000 under the Clinton administration. The Biden-era FDA had expanded prescribing rules to allow doctors to prescribe by telemedicine and pharmacies to dispense the drug — regulations the challengers sought to roll back.
Justice Brett Kavanaugh wrote the majority opinion, holding that the plaintiffs — doctors who opposed abortion — had not shown they had suffered any concrete injury from the FDA's mifepristone rules. They had no legal obligation to prescribe it, refer for it, or otherwise come in contact with the drug. 'Federal courts are courts of limited jurisdiction,' Kavanaugh wrote. Justice Thomas wrote separately to note that standing rules deserved further development in future cases.
NPR and abortion-rights advocates celebrated the ruling as a victory, though they noted the decision was on standing only — leaving the door open for future challengers with better-established standing. Fox News and pro-life groups echoed the same analysis from the opposite direction: the ruling was narrow, did not endorse the FDA's mifepristone policies, and future challenges remained possible. Both sides agreed the ruling's scope was limited.
Left-Leaning Emphasis
- NPR called the ruling 'a significant victory for abortion rights' while noting it left open future legal challenges.
- Left outlets emphasized that medication abortion — accounting for 63% of abortions — was protected for now.
- Abortion-rights groups told NPR the ruling 'sent a clear signal' that anti-abortion activists couldn't manufacture standing.
Right-Leaning Emphasis
- Fox News and pro-life groups said the ruling was 'narrow' and the door remained open for future challenges by plaintiffs with standing.
- Daily Wire noted the 9-0 vote included all three Trump-appointed justices — framing it as a win for limiting federal judicial overreach.
- Right outlets quoted Alliance for Hippocratic Medicine saying they would seek plaintiffs with better standing for a future case.