MEMO: Potential Impacts of Mifepristone SCOTUS Case on New Hampshire
For Immediate Release: March 21, 2024
On Tuesday, March 26th, the U.S. Supreme Court will hear oral arguments in a challenge to the FDA’s approval of mifepristone–one of two safe, effective medicines most commonly used for medication abortion (also known as the “abortion pill”). The outcome of this case could profoundly impact access to mifepristone and, consequently, early abortion care nationwide, including in New Hampshire.
As we anticipate the Supreme Court's ruling early this summer on the Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al case, it is imperative to grasp the potential consequences for Granite Staters and their access to essential reproductive health care.
The Importance and Safety of Mifepristone for Early Pregnancy Termination
Mifepristone stands as a cornerstone of early abortion care and is used up to 11 weeks, or 77 days after a last menstrual period. Mifepristone, the first of two drugs used in medication abortion, has been used by more than five million people in the U.S. to safely end their pregnancies, and is used in over half of all abortions in the United States. That number is even higher at Planned Parenthood of Northern New England where about 70% of abortion patients choose medication abortion.
For more than 20 years, medication abortion has been an essential option for patients, has enabled access to abortion care at times when a health center visit wasn’t an option, and has allowed patients to make private medical decisions.
Everyone should have the freedom and power to control their bodies and their lives without government interference. Keeping mifepristone available is critical to protecting access to abortion for people across the country. But if the Supreme Court rules to uphold the extreme decision of the lower courts, they would make it much harder to get medication abortion—and undermine the authority of the FDA.
While we await the Supreme Court’s decision, Mifepristone continues to be available to patients seeking abortion care at Planned Parenthood of Northern New England health centers in New Hampshire, Vermont, and Maine, and through the telehealth program.
An Overview of the Supreme Court Case on Mifepristone
A group of anti-abortion activists and organizations sued the U.S. Food and Drug Administration (FDA) over its approval of mifepristone, one of two medications most commonly used in medication abortion in the United States. In the case that originated in Texas, Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al, the plaintiffs asked the court to order the FDA to rescind its approval of mifepristone from more than 20 years ago, in order to remove it from the market. On April 21, 2023, the Supreme Court of the United States granted the stay requested by the Department of Justice (DOJ) and Danco in Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al. allowing mifepristone’s FDA approval to remain unchanged as the case proceeds through the Fifth Circuit Court of Appeals and the Supreme Court.
This case will now be heard at the U.S. Supreme Court, and oral arguments are scheduled for March 26, 2024. Notably, two studies that the plaintiffs have cited as key evidence in their case that medication abortion should be pulled from the market or heavily restricted have been retracted from the medical journals that first published the studies due to flaws and conflicts of interest.
About New Hampshire’s Position on This Case
Last month, the New Hampshire House passed HCR 11 by a bipartisan vote of 196-151, reaffirming support for medication abortion access in New Hampshire. Additionally, the Senate passed SB 567, which directs the New Hampshire Department of Health and Human Services to compile a report on the availability of mifepristone and misoprostol. It is important to note that regardless of the passage of the legislature’s statement of support, this decision would apply to all states, including New Hampshire.
While other New England governors have signed onto an amicus brief in support of this critical medication, the Sununu administration has refused to sign on, continuing his position of inaction on national abortion litigation that can and will impact New Hampshire.
What’s At Stake for New Hampshire at the U.S. Supreme Court
If the Supreme Court decides to curtail access to mifepristone, abortion early in pregnancy could become restricted for Granite Staters just like everyone else across the nation.
This case’s repercussions could also extend far beyond abortion care—it could stifle medical innovation, upend the country’s drug approval process, and put every approved medication in the political crosshairs.
For more information on this case and what is at stake for Granite Staters, contact [email protected].