Does the Current Mifepristone Court Case Impact Contraceptives Like Plan B?

The Supreme Court recently heard arguments from a group targeting the abortion pill mifepristone, and the potential ramifications of this case raise the necessity of understanding the function of and distinction between abortion pills and contraceptives like Plan B.

On March 26, the Supreme Court heard oral arguments in the FDA v. Alliance for Hippocratic Medicine case. The lawsuit was filed by the Alliance for Hippocratic Medicine, which sought to restrict access to mifepristone by having the court overturn the FDA’s approval of the drug. For those unfamiliar with the Alliance for Hippocratic Medicine, it is a group of anti-abortion physicians and organizations. Meanwhile, the Alliance Defending Freedom, an organization that has been designated as a hate group, filed the lawsuit on behalf of the anti-abortion coalition. The group claims that the FDA didn’t have the authority to approve mifepristone nearly 24 years ago.

While the lawsuit was waiting to be heard in court, Judge Matthew J. Kacsmaryk placed a preliminary injunction suspending the FDA’s 2000 approval of mifepristone in April of 2023. Fortunately, the Fifth Circuit did not uphold the suspension of the initial approval, so access to mifepristone was temporarily restored. However, the Fifth Circuit also ruled to reinstate restrictions to access the drug that the FDA stripped away in 2016 and 2021. The case worked its way up to the Supreme Court, which is now considering whether to severely limit access to mifepristone.

What you need to know about mifepristone and Plan B

Given that mifepristone was approved 24 years ago and has been ruled safe and effective by the FDA, its sudden entrance into public discourse may be concerning and confusing to some. While the Supreme Court seemed highly skeptical of the anti-abortion coalition’s arguments, a final ruling won’t arrive until June. Until then, it’s important for women to understand what’s really at stake in this lawsuit and understand which resources may or may not be available to them soon.

A common misconception is that emergency contraceptives and abortion pills are the same. Hence, those unversed in reproductive health language may fear that the court’s ruling could strip them of contraceptives like Plan B. However, it’s important to note that Plan B and mifepristone are not the same. Plan B is an emergency contraceptive that is taken to prevent pregnancy. The pill is most effective when taken within three days of unprotected sex. It contains a hormone, levonorgestrel, which can prevent ovulation and block the fertilization of an egg. However, the pill will not induce an abortion if taken when already pregnant.

Meanwhile, mifepristone is an abortion pill meant to be taken to terminate an early pregnancy. It is most effective when taken within ten weeks of a pregnant woman’s last menstrual cycle. The pill works by blocking a hormone that makes pregnancy sustainable. As of now, both mifepristone and Plan B are legal, although 15 states have imposed limitations on mifepristone. Hence, the current case against the FDA has the potential to limit access to mifepristone, but Plan B will not be impacted regardless of the ruling.

Still, the case against mifepristone could set a precedent for even contraceptives like Plan B to be challenged. The problem is that the Alliance of Hippocratic Medicine wants to legally challenge the FDA’s right to approve drugs and remove certain restrictions on them. If successful, it could open the door for further challenges, especially since evidence suggests that Republicans also wish to attack women’s rights to contraceptives. Until a ruling is made, women still have access to mifepristone and Plan B, and only access to the former will be impacted by the court ruling in June. However, the overturning of Roe v. Wade and challenges to mifepristone raise fears that contraceptives like Plan B may also be targeted in the future.

(featured image: Jemal Countess/Getty)