FDA v. Alliance for Hippocratic Medicine
602 U.S. 367
SCOTUS2024Background
- In 2000, the FDA approved mifepristone (Mifeprex) for terminating early pregnancies, with specific restrictions.
- FDA relaxed those restrictions in 2016 (expanded use to 10 weeks, fewer in-person visits, broader prescriber pool) and again in 2021 (eliminating initial in-person visit).
- Several pro-life medical associations and doctors sued, seeking to overturn FDA’s 2016 and 2021 regulatory changes.
- The district court sided with plaintiffs, blocking mifepristone’s approval; the Fifth Circuit limited relief but agreed on standing.
- The Supreme Court granted certiorari to decide whether plaintiffs had Article III standing to challenge FDA’s actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing: Injury-in-Fact | Plaintiffs suffer conscience and economic injuries from relaxed FDA regulations | Plaintiffs are not directly regulated; no concrete or particularized injury | No standing; injuries are too speculative/attenuated |
| Conscience Protections | FDA’s changes may compel pro-life doctors to participate in abortions | Federal law protects doctors from being forced to perform or assist in abortions | Conscience laws break the causal chain; no standing |
| Organizational Standing | Medical groups claim injury by diverting resources to counter FDA’s actions | Resource expenditure alone, without direct injury, does not create standing | No standing; can’t spend way into federal court |
| Third-Party/Associational Standing | Doctors/associations may sue on behalf of patients/members | Plaintiffs must still show personal injury to themselves, not just members | No standing; doctrine not satisfied in these circumstances |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (Article III standing requirements: injury, causation, redressability)
- Valley Forge Christian College v. Americans United for Separation of Church & State, 454 U.S. 464 (Generalized grievances and standing)
- Allen v. Wright, 468 U.S. 737 (Standing: personal stake and separation of powers)
- Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26 (Causation in standing for third-party government regulation)
- Summers v. Earth Island Institute, 555 U.S. 488 (Concrete injury is required for standing)
- TransUnion LLC v. Ramirez, 594 U.S. 413 (Concrete and particularized injury necessary for standing)
- Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208 (No standing just because otherwise nobody could challenge)
- Sierra Club v. Morton, 405 U.S. 727 (Abstract interest in problem insufficient for standing)
