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U.S. Supreme Court Abortion Cases: A Brief Primer

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The U.S. Supreme Court is expected to soon rule on two major abortion cases, each one threatening access to abortion care. One case could restrict access to a popular abortion medication and the other could deny pregnant patients access to emergency abortion care.

The rulings, expected before the end of the Court’s term this summer, will come two years after the Court overturned Roe v. Wade and eliminated the constitutional right to abortion. The Center for Reproductive Rights submitted amicus briefs in both cases. 

Here’s a brief look at these important cases: 

Alliance for Hippocratic Medicine v. FDA

This case was filed by anti-abortion advocates to challenge the FDA’s initial approval and its more recent actions to improve access to the abortion drug mifepristone. Medication abortion is used in 63% of abortions in the U.S., and the case threatens to reinstate burdensome restrictions on the drug that would make it more difficult to access nationwide. 

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Moyle v. United States/Idaho v. United States

This case will determine if states banning abortion can override federal law and deny pregnant patients emergency abortion care. The U.S. Department of Justice is arguing that Idaho’s near-total abortion ban conflicts with the Emergency Medical Treatment and Labor Act (EMTALA)—a federal law that requires hospitals to provide “stabilizing treatment”—including emergency abortion care—to patients seeking care in hospital emergency rooms.

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Recent Case Highlights

Check back for updates from the Center when the Supreme Court announces its rulings in these two critical abortion cases.