A unanimous Supreme Court ruling on Thursday (June 13, 2024) preserved access to a medication that was used in nearly two-thirds of abortions in the U.S. last year (2023), but the decision doesn’t change anything in South Dakota.
A group of anti-abortion activists challenged changes made by the federal Food and Drug Administration over the past 10 years that allowed more access to mifepristone. However, the justices determined the opponents didn’t have the legal right to sue over the FDA’s approval of the medication or the FDA’s subsequent actions to ease access to it.
South Dakota Attorney General Marty Jackley says Thursday’s decision by the U.S. Supreme Court doesn’t impact South Dakota’s current abortion law. He says in the decision, the Supreme Court did not address whether the FDA lawfully acted when it relaxed the rules for mifepristone’s use. Rather, according to Jackley, the justices based their unanimous decision on procedural grounds.
Jackley says, “The court’s decision does not change the current FDA rules, and State law on mifepristone remains the same.” South Dakota abortion law makes it a Class 6 felony for anyone “who administers to any pregnant female or prescribes or procures for any pregnant female” a means for an abortion, except to save the life of the mother. The crime is punishable by two years in prison, a $4,000 fine or both.
Earlier this year, Jackley joined 21 other attorneys general in supporting the group’s opposition to the FDA policies.
The widely watched U.S. Supreme Court case had the potential to to restrict access to mifepristone, even in states where abortion remains legal. This was the Court’s first abortion decision since the justices overturned Roe v. Wade two years ago (June 24, 2022).
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