Setting the Record Straight on the FDA Case at the Supreme Court

Does anyone (except the pharmaceutical industry) want to insulate the FDA from judicial review, especially when it comes to abortion drugs?

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A pro-choice demonstrator holds a megaphone during a protest outside the Supreme Court as justices hear oral arguments in a bid by the Biden administration to preserve broad access to the abortion pill, in Washington, D.C., March 26, 2024.

Evelyn Hockstein/Reuters

Federal agencies must be held accountable. They are not above the law. Yet the U.S. Food and Drug Administration seeks to avoid accountability in the Supreme Court case challenging its reckless decisions to remove long-standing safeguards for women who use abortion drugs — requirements that once ensured women received basic in-person doctor visits.

The organization I lead — Alliance Defending Freedom — represents the medical associations and doctors in that case who are challenging the FDA’s removal of those safeguards. The most shocking revelation at oral argument on March 26 was the FDA’s insistence that no one has legal standing to challenge its actions as unlawful — not even women harmed by those FDA actions. That should alarm everyone concerned about the safety of our nation’s drugs and the seemingly unchecked power of the administrative state.

KW

About the Author

Kristen Waggoner

Kristen Waggoner is CEO, president, and chief counsel of Alliance Defending Freedom.

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