
The U.S. Supreme Court will hear oral arguments on Tuesday, March 26, in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine, along with Danco Laboratories v. Alliance for Hippocratic Medicine, regarding the FDA’s approval of the chemical abortion drug Mifepristone, half of a two-drug protocol used to end pregnancies in early stages.
The questions for discussion presented are:
1. Whether an association can demonstrate Article III standing to enjoin a government action by arguing that some unspecified member may be injured at some future time by the challenged action;
2. Whether the Fifth Circuit erred in upholding the preliminary injunction of FDA’s 2016 and 2021 actions based on the court’s review of an incomplete administrative record.
