On June 13, 2024, the United States Supreme Court (the “Supreme Court”) issued its FDA v. Alliance for Hippocratic Medicine decision unanimously rejecting attempts to restrict access to mifepristone – a drug typically used as part of a two-drug protocol to treat miscarriages and terminate pregnancy during the first trimester. The Supreme Court held that the parties seeking to challenge the regulation of mifepristone lacked standing to do so (i.e., there was no injury to the doctors or to the anti-abortion groups that sued). This means that mifepristone will remain an available option at this time, preserving:
- Access during the first 10 weeks of pregnancy,
- The ability to receive the drug without an in-person appointment (including through telemedicine), and
- The ability to receive the drug through mail delivery (including across state lines).
The Supreme Court’s decision merely preserves the status quo, and employers sponsoring group health plans providing access to and/or coverage for mifepristone do not need to make any changes. This Alert outlines the events leading up to the Supreme Court’s decision, what the decision means for mifepristone drug coverage today, potential uncertainty for the future, and employer considerations regarding abortion coverage in their group health plans.
