Bloomberg Audio Studios, Podcasts, radio news. We have some breaking news for you here.

Bloomberg Audio Studios, Podcasts, radio news. We have some breaking news for you here.

The Supreme Court is upholding full access to mif a pristone abortion pill. So this ruling came as the FDA had imposed restrictions on the pill that the agency found were unnecessary, and a court considered a Biden administration appeal of that ruling. And the requirements were things like making in person visits to their doctor in order to obtain this pill. And it looks like the FDA won this case, Supreme Court upholding full access to mif a pristone abortion pill. The issue really was about did the FDA overdo it? Did they expand when they shouldn't have. We are going to be talking about that much more. June Grasso is in studio joining us. No, you're ready, You're good, You're good, great, okay, great, Hi, thanks for joining you ran here. We appreciate you.

The Supreme Court is upholding full access to mif a pristone abortion pill. So this ruling came as the FDA had imposed restrictions on the pill that the agency found were unnecessary, and a court considered a Biden administration appeal of that ruling. And the requirements were things like making in person visits to their doctor in order to obtain this pill. And it looks like the FDA won this case, Supreme Court upholding full access to mif a pristone abortion pill. The issue really was about did the FDA overdo it? Did they expand when they shouldn't have. We are going to be talking about that much more. June Grasso is in studio joining us. No, you're ready, You're good, You're good, great, okay, great, Hi, thanks for joining you ran here. We appreciate you.

Yes, thank you. Okay, So walk us through the importance.

Yes, thank you. Okay, So walk us through the importance.

Well, obviously, the importance is that MEPhI pristone is the abortion drug that is most used excuse me, in this country, So putting restrictions on it would mean problems for a lot.

Well, obviously, the importance is that MEPhI pristone is the abortion drug that is most used excuse me, in this country, So putting restrictions on it would mean problems for a lot.

Of women in this country.

Of women in this country.

In this case, what the Supreme Court did, and this is not a surprise decision actually, because after the oral arguments in the case, it was pretty much telegraphed by the justices that they were going to go off. They're not talking about MIFHA pristone, they're not talking about abortion. What they're talking about is standing, which is a procedural thing, really, and it's a way sometimes for them to get out of cases, out of deciding the merits of the case by looking at the procedural elements.

In this case, what the Supreme Court did, and this is not a surprise decision actually, because after the oral arguments in the case, it was pretty much telegraphed by the justices that they were going to go off. They're not talking about MIFHA pristone, they're not talking about abortion. What they're talking about is standing, which is a procedural thing, really, and it's a way sometimes for them to get out of cases, out of deciding the merits of the case by looking at the procedural elements.

So here they said that the doctors who.

So here they said that the doctors who.

Challenged it and the groups who challenged it didn't have standing because they weren't hurt in any way. One way they put it is like, you know, have a dog in the fight. So the doctors, they were trying to show that they had some injury. What was their injury that it was very speculative, you know, if someone came into an emergency room and needed an abortion, and it just was ridiculous. So at that point the justices all seemed to agree that they didn't have standing. So it's an off ramp. They haven't decided anything really about abortion.

Challenged it and the groups who challenged it didn't have standing because they weren't hurt in any way. One way they put it is like, you know, have a dog in the fight. So the doctors, they were trying to show that they had some injury. What was their injury that it was very speculative, you know, if someone came into an emergency room and needed an abortion, and it just was ridiculous. So at that point the justices all seemed to agree that they didn't have standing. So it's an off ramp. They haven't decided anything really about abortion.

Okay, but this, for all intents, this settles The issue as it relates to this particular drug, is that the case is that where we are right now. I guess.

Okay, but this, for all intents, this settles The issue as it relates to this particular drug, is that the case is that where we are right now. I guess.

I'm not sure because I think we'll see challenges to all kinds of abortion, you know, abortion pills and everything else, you know, because the lobby is so strong against it. So I'm not sure this ends it. This ends this particular challenge, but I don't know that it ends any challenge to mif for pristone. You know, they still have the base. They still have the base challenge, which is that the FDA didn't have the authority to put the for pristone on the market the way that it had through the you know, to get it through the mail and things. So I mean, I'm not sure they may be able to find a different group that has standing and you know, reassert the challenge, but you know, I'm trying. I don't know what group they would find.

I'm not sure because I think we'll see challenges to all kinds of abortion, you know, abortion pills and everything else, you know, because the lobby is so strong against it. So I'm not sure this ends it. This ends this particular challenge, but I don't know that it ends any challenge to mif for pristone. You know, they still have the base. They still have the base challenge, which is that the FDA didn't have the authority to put the for pristone on the market the way that it had through the you know, to get it through the mail and things. So I mean, I'm not sure they may be able to find a different group that has standing and you know, reassert the challenge, but you know, I'm trying. I don't know what group they would find.

So if I just sort of break this down in Layman's terms, So the Biden administration made this drug more widely available, then the doctor said.

So if I just sort of break this down in Layman's terms, So the Biden administration made this drug more widely available, then the doctor said.

We don't want this, we want more restrictions. Is that what this is one doctor through like one doctor's group.

We don't want this, we want more restrictions. Is that what this is one doctor through like one doctor's group.

A doctor's group that is anti abortion, a conservative Christian doctor's group said challenged it, and I mean the way these things work is, you know, there are conservative organizations and conservative legal groups that go out and look for plaintiffs to find when they want to sue on something. So this group in particular sued in this case. Some states tried to intervene and the Supreme Court didn't allow that. So you know, states may be able to come forward and say this, this hurts are What they say is that this hurts our bottom line because we don't get to have, you know, different healthcare choices.

A doctor's group that is anti abortion, a conservative Christian doctor's group said challenged it, and I mean the way these things work is, you know, there are conservative organizations and conservative legal groups that go out and look for plaintiffs to find when they want to sue on something. So this group in particular sued in this case. Some states tried to intervene and the Supreme Court didn't allow that. So you know, states may be able to come forward and say this, this hurts are What they say is that this hurts our bottom line because we don't get to have, you know, different healthcare choices.

I mean, there are all different ways.

I mean, there are all different ways.

Because in the lower court ordered the FDA to impose restrictions on the pill that the agency was like, look, this is not necessary and these are things like you have to make an in person visit to your doctor before you.

Because in the lower court ordered the FDA to impose restrictions on the pill that the agency was like, look, this is not necessary and these are things like you have to make an in person visit to your doctor before you.

Get the pill.

Get the pill.

That is what is no longer there, right Like, that is what the Supreme Court ruled and said, nope, you can have this free access.

That is what is no longer there, right Like, that is what the Supreme Court ruled and said, nope, you can have this free access.

Right now, I haven't read the case.

Right now, I haven't read the case.

I don't know if they sent this back to the Fifth Circuit or not, so I don't have the case in front of me. I'm sort of working in the dark here.

I don't know if they sent this back to the Fifth Circuit or not, so I don't have the case in front of me. I'm sort of working in the dark here.

I don't know if there's darkness better than us.

I don't know if there's darkness better than us.

Yeah, good. But I don't know if they send it back to the Fifth Circuit for more findings, because this came up from a Texas judge and the Texas judge had even more restrictions on it, and it went to the Fifth Circuit, they dial back some of the restrictions, and then it went to the Supreme Court. So when I get my hands on the opinion, I may be able to tell you more.

Yeah, good. But I don't know if they send it back to the Fifth Circuit for more findings, because this came up from a Texas judge and the Texas judge had even more restrictions on it, and it went to the Fifth Circuit, they dial back some of the restrictions, and then it went to the Supreme Court. So when I get my hands on the opinion, I may be able to tell you more.

Now, does this affect individuals? How does this affect individual states?

Now, does this affect individuals? How does this affect individual states?

And women in those states that no longer have access to MEPhI princetone.

And women in those states that no longer have access to MEPhI princetone.

So you know it should individual states can do different things. Okay, so individual states are looking for a lot of different ways to penalize women who leave the state for abortions. So, but with MYFI pristone, because it comes through the mail, it's much easier.

So you know it should individual states can do different things. Okay, so individual states are looking for a lot of different ways to penalize women who leave the state for abortions. So, but with MYFI pristone, because it comes through the mail, it's much easier.

For women to get.

For women to get.

And in fact, some organizations have been stockpiling MIFA pristone just in case anything happened with the Supreme Court. So what they'll be able to do, I mean, I think what this says is for right now, there's full access to MIFA pristone. I mean, the states have been ingenious in coming up with ways to try to stop abortion. I mean you've seen the different ways that they've tried, not only you know, to the point where women can't even get emergency medical care if they need an abortion. And that case is coming up, by the way, that Idaho case is coming up. Whether or not if a woman is not in fear of her life is not on the line, but perhaps some other things are on the line, perhaps her organs are in jeopardy or something like that, whether they have to give her an abortion if that's what is necessary, And that's coming up. That's an Idaho case that was heard late in the term. So there are ingenious ways to try to stop abortion. And I don't know for sure, but in.

And in fact, some organizations have been stockpiling MIFA pristone just in case anything happened with the Supreme Court. So what they'll be able to do, I mean, I think what this says is for right now, there's full access to MIFA pristone. I mean, the states have been ingenious in coming up with ways to try to stop abortion. I mean you've seen the different ways that they've tried, not only you know, to the point where women can't even get emergency medical care if they need an abortion. And that case is coming up, by the way, that Idaho case is coming up. Whether or not if a woman is not in fear of her life is not on the line, but perhaps some other things are on the line, perhaps her organs are in jeopardy or something like that, whether they have to give her an abortion if that's what is necessary, And that's coming up. That's an Idaho case that was heard late in the term. So there are ingenious ways to try to stop abortion. And I don't know for sure, but in.

Reality, can can women in all fifty states get this via the mail?

Reality, can can women in all fifty states get this via the mail?

Yeah?

Yeah?

Yeah, So I mean there's no and I'm not sure how is there practical ways you stop that.

Yeah, So I mean there's no and I'm not sure how is there practical ways you stop that.

Well, there's an act that hasn't been there's an act that hasn't been the Comstock Act that hasn't been used for I don't know how long, and that some conservatives say that maybe the next avenue that you shouldn't send certain things through the mail, so that could be another way to attack it. As I said, I mean, I don't want this to be the end of the attacks, right, just think that it's just been shown that there's so many ingenious ways to I mean, this is the law you know you have we do you have one argument and it turns out there are ten arguments. So but this one. You know why it was easy for the Supreme Court I'll say easy in quotes, because they found an easy way to get out of it. They just said, and they do this a lot, right, people will say standing, what's standing?

Well, there's an act that hasn't been there's an act that hasn't been the Comstock Act that hasn't been used for I don't know how long, and that some conservatives say that maybe the next avenue that you shouldn't send certain things through the mail, so that could be another way to attack it. As I said, I mean, I don't want this to be the end of the attacks, right, just think that it's just been shown that there's so many ingenious ways to I mean, this is the law you know you have we do you have one argument and it turns out there are ten arguments. So but this one. You know why it was easy for the Supreme Court I'll say easy in quotes, because they found an easy way to get out of it. They just said, and they do this a lot, right, people will say standing, what's standing?

Standing?

Standing?

I had a professor that once said, you know, the ingeniousness of lawyers is that you can always find a way to turn it into a procedural argument. And that's what they do. And in this case, it was pretty easy because you didn't see any injury to doctors. What injury do they have?

I had a professor that once said, you know, the ingeniousness of lawyers is that you can always find a way to turn it into a procedural argument. And that's what they do. And in this case, it was pretty easy because you didn't see any injury to doctors. What injury do they have?

So you mentioned the Idaho case that's Moyle versus the US right and that issue. It seems like, does the federal law permit er doctors to perform abortions to preserve a woman's health even if stays outlawed that procedure? So this is to your point of like, can they save the woman or can they help the woman even if the state outlaws abortion altogether.

So you mentioned the Idaho case that's Moyle versus the US right and that issue. It seems like, does the federal law permit er doctors to perform abortions to preserve a woman's health even if stays outlawed that procedure? So this is to your point of like, can they save the woman or can they help the woman even if the state outlaws abortion altogether.

So Idaho has a law that allows abortions if the woman's life is in jeopardy. The Biden administration came in and said no, because you're taking money from the federal government, right, we have the right to tell you that you have to also treat women who come to an emergency room. And it's not that their life is in jeopardy, but something else is in jeopardy.

So Idaho has a law that allows abortions if the woman's life is in jeopardy. The Biden administration came in and said no, because you're taking money from the federal government, right, we have the right to tell you that you have to also treat women who come to an emergency room. And it's not that their life is in jeopardy, but something else is in jeopardy.

Their organs are in jeopardy. I mean different kinds of things.

Their organs are in jeopardy. I mean different kinds of things.

Right, I'm not a doctor, so I thank god I'm not a doctor, so I don't know what, but different kinds of things. And you have to treat that woman and give her an abortion, even if her life isn't in jeopardy. So that's the issue, and that case.

Right, I'm not a doctor, so I thank god I'm not a doctor, so I don't know what, but different kinds of things. And you have to treat that woman and give her an abortion, even if her life isn't in jeopardy. So that's the issue, and that case.

I mean, there was a little more.

I mean, there was a little more.

I couldn't tell you how that case is going to come out because it wasn't as clear some of these cases. You know, we say, oh, we don't know what they're going to decide, but it's pretty clear what the going to decide. I don't know about the Idaho case how that's going to come down.

I couldn't tell you how that case is going to come out because it wasn't as clear some of these cases. You know, we say, oh, we don't know what they're going to decide, but it's pretty clear what the going to decide. I don't know about the Idaho case how that's going to come down.

So this particular ruling here is is it feels, just reading on some of the initial reporting, that it's kind of a technical lawyer type thing.

So this particular ruling here is is it feels, just reading on some of the initial reporting, that it's kind of a technical lawyer type thing.

Yeap procede, That's what I said.

Yeap procede, That's what I said.

So, I mean it sounds like, as you mentioned earlier, that they can various scripts, can come back and approach this issue from other angles.

So, I mean it sounds like, as you mentioned earlier, that they can various scripts, can come back and approach this issue from other angles.

Perhaps, as I said, it's ingenious the number of ways. I mean, it's sort of like if you remember affirmative action, and for many, many years affirmative action, it kept on getting you know, the protests to it or the challenges to it kept on getting rejected. And then there was this man who has who has students for fair admissions, and he kept fighting and fighting and fighting and waited until the Supreme Court turned more conservative, and then all of a sudden, the Supreme Courts you know, reversed itself and said, no, you know, we can't have affirmative actions.

Perhaps, as I said, it's ingenious the number of ways. I mean, it's sort of like if you remember affirmative action, and for many, many years affirmative action, it kept on getting you know, the protests to it or the challenges to it kept on getting rejected. And then there was this man who has who has students for fair admissions, and he kept fighting and fighting and fighting and waited until the Supreme Court turned more conservative, and then all of a sudden, the Supreme Courts you know, reversed itself and said, no, you know, we can't have affirmative actions.

So I mean, that's what I mean.

So I mean, that's what I mean.

They have very well funded groups that are fighting abortion on every level, so I don't, you know, rule out the fact that there'll be other challenges to it.

They have very well funded groups that are fighting abortion on every level, so I don't, you know, rule out the fact that there'll be other challenges to it.

All.

All.

Right, Hey, June, thank you so much. She literally booked in here. We really appreciate that.

Right, Hey, June, thank you so much. She literally booked in here. We really appreciate that.

Thank you.

Thank you.

No, sorry, thank you, Yeah.

No, sorry, thank you, Yeah.

Thank you so much. Jin Gretso Bloomberg joining us there. We all want to go to Madelein Meckelberg. She's a Bloomberg legal reporter. She also joins us on this news And remember, let's just recap here for a moment. The Supreme Court has ruled that there will be full access to mif A pristone abortion pill. Madeline, can you walk us through how this case unfolded?

Thank you so much. Jin Gretso Bloomberg joining us there. We all want to go to Madelein Meckelberg. She's a Bloomberg legal reporter. She also joins us on this news And remember, let's just recap here for a moment. The Supreme Court has ruled that there will be full access to mif A pristone abortion pill. Madeline, can you walk us through how this case unfolded?

Hi, thanks for having me on to talk about this case. So, the Supreme Court this morning they overturned a decision from a federal appeals court that would have prevented mail order prescriptions for MIFA pristone. And this is the case that started in Texas.

Hi, thanks for having me on to talk about this case. So, the Supreme Court this morning they overturned a decision from a federal appeals court that would have prevented mail order prescriptions for MIFA pristone. And this is the case that started in Texas.

It was a.

It was a.

Conservative group they challenged access to the abortion pill, and we're seeking to have the original FDA approved of the pill rolled back. As the case moved through the courts, the Federal Appeals Court in New Orleans, that's the Fifth Circuit, they basically said they can't go back enough in time and undo the original FDA approval, but what they can do is turn back some of the more recent decisions which would have allowed the pill to be sent through the mail and used in a wider number of abortions. What the Supreme Court did today was say full access has to be preserved.

Conservative group they challenged access to the abortion pill, and we're seeking to have the original FDA approved of the pill rolled back. As the case moved through the courts, the Federal Appeals Court in New Orleans, that's the Fifth Circuit, they basically said they can't go back enough in time and undo the original FDA approval, but what they can do is turn back some of the more recent decisions which would have allowed the pill to be sent through the mail and used in a wider number of abortions. What the Supreme Court did today was say full access has to be preserved.

So is this the final word for myth of pristone and its availability in this country or is it still perhaps at risk of some regulation.

So is this the final word for myth of pristone and its availability in this country or is it still perhaps at risk of some regulation.

So I think we're still going to see some action on this. This case was on kind of a preliminary basis at this point, I think we could see it come back up again. And what the Supreme Court did today was not rule on the merits of the FDA's decision to approve myth of pristone. They blocked this lawsuit on standing. So they basically said that the individuals that brought the challenge they didn't actually have the right to sue because they couldn't demonstrate that the FDA's actions harmed them directly because federal law protects doctors from providing abortions if they have moral objections. So they said these people can't sue. But that does mean that there may be is a pathway for others to bring a lawsuit if they wanted to challenge the same thing.

So I think we're still going to see some action on this. This case was on kind of a preliminary basis at this point, I think we could see it come back up again. And what the Supreme Court did today was not rule on the merits of the FDA's decision to approve myth of pristone. They blocked this lawsuit on standing. So they basically said that the individuals that brought the challenge they didn't actually have the right to sue because they couldn't demonstrate that the FDA's actions harmed them directly because federal law protects doctors from providing abortions if they have moral objections. So they said these people can't sue. But that does mean that there may be is a pathway for others to bring a lawsuit if they wanted to challenge the same thing.

When does the Supreme Court term end? And what are some other big ones that our audience for Boomberg Intelligence Radio will be interested in.

When does the Supreme Court term end? And what are some other big ones that our audience for Boomberg Intelligence Radio will be interested in.

That's a great question. I know that we're waiting for at least one other abortion decision as it relates to emergency room access in Idaho. There are a couple of big Trump cases on the docket, so we've got a couple of weeks left where we're going to expect to see some decisions, and we'll be keeping an eye.

That's a great question. I know that we're waiting for at least one other abortion decision as it relates to emergency room access in Idaho. There are a couple of big Trump cases on the docket, so we've got a couple of weeks left where we're going to expect to see some decisions, and we'll be keeping an eye.

Out, Madlin. How unexpected was this ruling given the makeup of the court today.

Out, Madlin. How unexpected was this ruling given the makeup of the court today.

I think it's definitely if you're looking just at the makeup, this is a surprising decision given what we know about this court that is the same one that overturned Roe v.

I think it's definitely if you're looking just at the makeup, this is a surprising decision given what we know about this court that is the same one that overturned Roe v.

Wade.

Wade.

But when there was a hearing on this case in March, we definitely got a sense from justices that they were skeptical about the standing issue that was raised in this lawsuit. So while broadly speaking, this is kind of surprising for this court based on this case specifically and what we heard from justices previously, it's in line.

But when there was a hearing on this case in March, we definitely got a sense from justices that they were skeptical about the standing issue that was raised in this lawsuit. So while broadly speaking, this is kind of surprising for this court based on this case specifically and what we heard from justices previously, it's in line.

We were talking to June about the other abortion case that's coming to the fore as well, Moile versus the US, and that really centers around Idaho's abortion van considering whether a federal law that requires hospitals to provide stabilizing emergency care Trump's any abortion restrictions. Does this give us any roadmap for that case.

We were talking to June about the other abortion case that's coming to the fore as well, Moile versus the US, and that really centers around Idaho's abortion van considering whether a federal law that requires hospitals to provide stabilizing emergency care Trump's any abortion restrictions. Does this give us any roadmap for that case.

It's hard to say. There are really different questions. I think that what we know is that the Court is considering any abortion question that comes before it pretty carefully. In light of this road decision that sought to return things to the state. These are two examples where we're seeing them having to deal with the consequences of that decision and them weighing in on these regulations. They're kind of different issues, but I think that we can expect to see maybe some nuanced perspectives from the court on this.

It's hard to say. There are really different questions. I think that what we know is that the Court is considering any abortion question that comes before it pretty carefully. In light of this road decision that sought to return things to the state. These are two examples where we're seeing them having to deal with the consequences of that decision and them weighing in on these regulations. They're kind of different issues, but I think that we can expect to see maybe some nuanced perspectives from the court on this.

All right, madam, thank you so much. We appreciate that. Madelin Meckelburgh, legal reporter for Bloomberg News. She's based in Austin, Texas, and it's just you know, when you get a piece of news like this coming across it maybe is not in our typical remit. We have some experts literally around the corner in June Grass, so literally a phone call away in Madeleine Meckelburg to help us understand what which.

All right, madam, thank you so much. We appreciate that. Madelin Meckelburgh, legal reporter for Bloomberg News. She's based in Austin, Texas, and it's just you know, when you get a piece of news like this coming across it maybe is not in our typical remit. We have some experts literally around the corner in June Grass, so literally a phone call away in Madeleine Meckelburg to help us understand what which.

We very much appreciate.

We very much appreciate.

Which we very much appreciate, makes it sound a lot smarter.

Which we very much appreciate, makes it sound a lot smarter.