The Supreme Court seemed poised to reject an injunction against the Food and Drug Administration’s (FDA) abortion pill regulations during oral argument yesterday Multiple justices questioned whether the doctors bringing the challenge even had standing, or encountered the type of injury that would allow them to sue over the regulations in court.
Notwithstanding the legal soundness of the FDA regulations themselves, the Supreme Court could leave the regulations (from 2016 and 2020) open to future challenges but from different individuals. The Biden administration and multiple justices indicated that the doctors presented a theory of standing that was too speculative rather than showing direct harm from the regulations.