Looks like a potential 7 to 2 outcome in favor of the Petitioners (FDA in the lead case and Danco Laboratories in the other case).
The preface and questions in this case are:
This case concerns mifepristone, a drug that the U.S. Food and Drug Administration (FDA) approved in 2000 as safe and effective for terminating early pregnancies. The Fifth Circuit held that respondents-doctors and associations of doctors who oppose abortion-have Article III standing to challenge FDA’s 2016 and 2021 actions with respect to mifepristone’s approved conditions of use and that those actions were likely arbitrary and capricious. The court therefore affirmed the district court’s stay of the relevant agency actions. The questions presented are:
- Whether respondents have Article III standing to challenge FDA’s 2016 and 2021 actions.
- Whether FDA’s 2016 and 2021 actions were arbitrary and capricious.
- Whether the district court properly granted preliminary relief.
It looks like this case will turn entirely on Question 1 (standing) without reaching Questions 2 or 3. Only Justices Alito and Thomas showed any interest in the underlying merits, while the other seven Justices appear to be quite happy to dismiss this case for lack of standing by the Respondent. So doing ensures that the FDA regulations will stand and women will retain full access to Mifepristone.
