Only two years after eliminating federal constitutional protections for abortion in Dobbs, the Supreme Court heard two important cases affecting abortion access in the recently-concluded 2023-2024 term. In Alliance for Hippocratic Medicine v. FDA, plaintiffs challenged the FDA’s approval of mifepristone—one of the drugs used for medication abortion—in an effort aimed at further reducing abortion access after Dobbs. In Moyle v. United States, the U.S. Department of Justice sought a ruling that EMTALA’s protections for emergency care preempt Idaho’s restrictive abortion ban, attempting to preserve access to abortion care in limited circumstances when complications threaten a pregnant person’s health. In both cases, the Supreme Court ruled narrowly on procedural grounds, likely postponing substantive rulings on the regulation of mifepristone and EMTALA’s preemption of state abortion bans for future cases. To the extent that these decisions preserve the status quo, they might only be temporary wins for abortion rights supporters, and the shifting terrain of abortion law continues to threaten the health and well-being of women across the country.

A mandatory reorientation session will take place on Friday, August 23 for 2Ls and 3Ls (including AJDs). Please refer to the below agendas to locate your corresponding schedule.