Abortion Pill Ruling on Standing Raises Hurdles for Trade Groups

The US Supreme Court’s decision to throw out a challenge on standing against the FDA’s regulation of the abortion drug mifepristone is drawing attention in health and life sciences lawsuits, where attorneys increasingly expect lower courts to scrutinize business associations’ claims of harm.

The June ruling in FDA v. Alliance for Hippocratic Medicine dealt a blow to medical doctors and industry associations when the justices unanimously dismissed their case against the Food and Drug Administration for lack of Article 3 standing, in which plaintiffs need to show they suffered or likely will suffer an injury in fact.

Notably, Justice Clarence ...