In abortion pill arguments, Supreme Court justices seem skeptical about FDA accountability experts say

Legal experts say the Supreme Court seemed skeptical of a lack of accountability on the FDA during oral arguments in the abortion pill case Tuesday.

The U.S. Supreme Court. (AP Photo/Mariam Zuhaib, File)

Justice Samuel Alito at one point questioned Solicitor General Elizabeth Prelogar, arguing for the FDA. 

"The statement was made that no court has ever previously second-guessed the FDA's judgment about access to a drug," he said. "It's never second-guessed that? Do you think the FDA is infallible?

"So your argument is that it doesn't matter if FDA flagrantly violated the law or didn't do what it should have done, endanger the health of women," he said.

"It's just too bad, and nobody can sue in court?" he pressed. 

SUPREME COURT DIVES BACK INTO ABORTION DEBATE, WILL HEAR ARGUMENTS ON MIFEPRISTONE REGULATION

Lawyer Erin Hawley of the Alliance Defending Freedom and wife of U.S. Senator Josh Hawley (R-MO), speaks with the media outside the U.S. Supreme Court as justices hear oral arguments in a bid by President Joe Bidens administration to preserve broad access to the abortion pill, outside the court in Washington, U.S., March 26, 2024.  (REUTERS/Evelyn Hockstein)

"Sometimes justices ask questions, not only just for an answer on a specific legal question, but kind of they ask questions that are related to a train of thought, something that they've been considering," Jipping said. 

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"Maybe they've been talking about with their clerks sort of thinking out loud. And that was clearly one, that for Justice Alito and the Chief Justice. was the significant one," he added. 

Brianna Herlihy is a politics writer for Fox News Digital.

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