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Supreme Court justices appear skeptical of Texas doctors' challenge to abortion pills

David G. Savage, Los Angeles Times on

Published in Political News

WASHINGTON — U.S. Supreme Court justices sounded skeptical Tuesday about imposing new limits on the dispensing of abortion medication through pharmacies or by mail.

The justices, both conservatives and liberals, questioned whether a group of antiabortion doctors have legal standing to challenge the dispensing rules set by the federal Food and Drug Administration. That issue, not the safety of mifepristone, dominated a two-hour hearing — likely a sign of what the justices thought about the case.

"The court should put an end to this case," Solicitor Gen. Elizabeth Prelogar said on behalf of the Biden administration Tuesday. A handful of doctors who oppose all abortions do not have the right to challenge the legal use of the medication by millions of women, she argued.

If the court were to uphold new restrictions on dispensing the pills, the impact would be felt by women in California and other blue states where abortion is legal. Conversely, a ruling that the antiabortion doctors in this case lack the legal standing to sue could forestall other challenges.

A decision by the court is expected later this session, most likely toward the end of June, as it wraps up.

Abortion pills, typically a combination of mifepristone and a second drug, misoprostol, are now the most common method of ending a pregnancy in the U.S., used by 3 out of 5 abortion patients. Use of the drugs has grown significantly in the two years since the court's Dobbs decision, which struck down the constitutional right to abortion.

 

During Tuesday's hearing, only conservative Justice Samuel A. Alito Jr. directly disputed arguments that the antiabortion claim should be thrown out.

"Isn't there anyone who could challenge this?" he asked.

Conservative Justices Neil M. Gorsuch, Amy Coney Barrett and Brett M. Kavanaugh asked largely procedural questions.

Gorsuch questioned why a lawsuit brought in western Texas on behalf of a few antiabortion doctors should lead to a nationwide injunction.

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