If the implications for reproductive rights weren’t immediately obvious, Justice Ketanji Brown Jackson made the stakes clear in a blistering dissent. She pointed to efforts by anti-abortion doctors to overturn the Food and Drug Administration’s regulation of mifepristone—a case the justices rejected in June on the narrow grounds that the doctors didn’t have standing to sue. Now, Jackson suggested, the FDA’s approval of mifepristone in 2000 would be “fair game.” “From this day forward,” she wrote, “administrative agencies can be sued in perpetuity over every final decision they make…Even the most well-settled agency regulations can be placed on the chopping block.”
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