Supreme Court abortion case may fall on question of who has right to sue

By Pamela King | 03/26/2024 01:47 PM EDT

Justices’ finding on the legal standing of abortion pill critics could reverberate through environmental cases.

Demonstrators outside the Supreme Court hold signs reading Abortion is health care and We heart abortion pills.

Demonstrators rally in support of abortion rights at the Supreme Court in April 2023. Andrew Caballero-Reynolds/AFP via Getty Images

The Supreme Court appears prepared to reject on procedural grounds a challenge to federal approvals that expanded action to abortion pills.

Justices’ decision on emergency room doctors’ standing to sue over the Food and Drug Administration approvals could ripple through environmental cases that hinge upon organizations’ power to file lawsuits and seek to stop federal regulations nationwide.

During oral arguments Tuesday morning, Neil Gorsuch, one of the high court’s most conservative justices, compared the doctors’ struggle to establish standing to the skepticism the court has sometimes cast on environmental groups’ power to sue.


“How does it fit in your mind with … injuries about — I access a park, and I like to look at it in a certain way, and those kinds of injuries that the court has sometimes recognized and sometimes cast doubt on?” Gorsuch asked Solicitor General Elizabeth Prelogar.