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Temkin Discusses Unanimous Supreme Court Mifepristone Case in POLITICO

June 21, 2024

Life Sciences & Healthcare Regulatory partner Eva Temkin was quoted in the POLITICO article, “Abortion pill’s hazy legal future,” which discusses the U.S. Supreme Court’s recent unanimous decision to maintain access to the abortion pill mifepristone. The Court held that the plaintiffs lacked standing to challenge the U.S. Food and Drug Administration’s (FDA) decisions to modify certain requirements related to the drug.

Since the Court’s ruling was limited to legal standing, future risks to the abortion pill’s access still remain. Notably, Idaho, Kansas, and Missouri intervened on behalf of the anti-abortion doctors at the district court level in an effort to sustain the case. “I do struggle a little bit to think of what that future case might look like,” Temkin told POLITICO. “I really do struggle to see how those intervenors could have standing” given the court’s ruling, since the court not addressing the merits means that existing case law continues to hold, Temkin continued. “I think it’s clear FDA has scientific decisionmaking [power] over these questions,” she added.

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