Supreme Court Preserves Access to Mifepristone and Upholds the FDA Drug Approval Process
Thursday, June 13, 2024
The American Academy of Nursing (Academy) is on record urging strong protections for the full spectrum of sexual and reproductive health care under evidence-based clinical guidelines, including medicated abortion services. 1 We stand in support of the Supreme Court’s unanimous decision today to dismiss the case U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine due to lack of legal standing. By rejecting this challenge to the U.S. Food and Drug Administration (FDA) evidence-based drug approval process, the Supreme Court has preserved access to mifepristone, a drug used in medicated abortion services. Mifepristone was approved by the FDA in 2000 and due to its proven safety and efficacy, it was made available to patients through 10 weeks gestation in 2016 and without an in-person dispensation requirement in 2021. 2 Today’s Supreme Court decision leaves the availability of mifepristone in place. Access to mifepristone is essential as medication abortion makes up the majority of abortions performed in the U.S., with 63% of all abortions being medicated abortion in 2023. Furthermore, allowing mifepristone to continue to be available through 10 weeks gestation is key, as on average pregnant people only become aware of their pregnancy at 5.5 weeks. 3The Supreme Court has never before ruled on the scientific bases for FDA approvals and regulations. The Court’s dismissal in this case has avoided a dangerous precedent and has preserved access to a medication essential to the full spectrum of sexual and reproductive health care services, in addition to keeping the FDA’s scientific, independent medication approval and regulation processes in place. The Academy applauds the Supreme Court’s decision and reaffirms our call for strong protections for the full spectrum of sexual and reproductive health services and care. ___________________ 1. American Academy of Nursing. (2024). American Academy of Nursing Statement: Access to Sexual and Reproductive Health Care. https://aannet.org/page/sexual-reproductive-health-position-statement-2024. 2. The availability and use of medication abortion. (2024, March 20). KFF. https://www.kff.org/womens-health-policy/fact-sheet/the-availability-and-use-of-medication-abortion/. 3. Branum, A. M., & Ahrens, K. A. (2017). Trends in timing of pregnancy awareness among US women. Maternal and Child Health Journal, 21(4), 715–726. https://doi.org/10.1007/s10995-016-2155-1. ###
About the American Academy of Nursing The American Academy of Nursing serves the public by advancing health policy through the generation, synthesis, and dissemination of nursing knowledge. Academy Fellows are inducted into the organization for their extraordinary contributions to improve health locally and globally. With more than 3,000 Fellows, the Academy represents nursing’s most accomplished leaders in policy, research, administration, practice, and academia.
Contact: Caroline Kane | 202-777-1173 | ckane@AANnet.org
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