Letitia James Goes to the Supreme Court

New York Attorney General Letitia James went to the United States Supreme Court to advocate for access to mifepristone, a pill used in more than 60 percent of abortions across the U.S.

The Supreme Court justices on Tuesday heard oral arguments in their first case centering around reproductive rights since overturning Roe vs. Wade, the case that for decades guaranteed abortion rights, on June 24, 2022. Following that ruling, abortion rights were rolled back for millions of people in states where lawmakers have passed anti-abortion legislation.

Justices seemed skeptical about the lawsuit challenging the Food and Drug Administration (FDA) approval of the medication. The case has sparked concerns from reproductive right advocates, who fear the court could further limit rights around the issue. Activists gathered outside on Tuesday to protest the lawsuit.

Proponents of the lawsuit argue that patients should not be able to receive mifepristone by mail and should have to see a medical provider before receiving access to the medication.

The plaintiffs, including doctors, say they believe the medication is unsafe, though the FDA says it is "safe when used as indicated and directed and consistent with the Mifepristone Risk Evaluation and Mitigation Strategy Program."

James, a Democrat who has cast herself as a staunch advocate for reproductive rights, was among those who traveled to Washington D.C. to show support for keeping access to the medication, she wrote in a post to X, the social media platform formerly known as Twitter.

"I was at the Supreme Court today to defend access to Mifepristone. Mifepristone is safe and effective, and it has been used by millions of people. I'll never stop fighting because it's your body, and it should always be your choice," James wrote, sharing a photograph of protesters outside the court.

James spoke at a rally outside the Supreme Court, according to video first reported by NBC News.

"Hands off our bodies. We cannot allow anti-choice forces to make political decisions and ignore the facts, ignore the science, ignore the judgment of medical professionals. Hell no," she said.

Newsweek has reached out to James' office for further comment via email.

Letitia James Supreme Court mifepristone
New York Attorney General Letitia James in New York City on August 3, 2021. James attended a rally to defend access to mifepristone at the U.S. Supreme Court on Tuesday. David Dee Delgado/Getty Images

In April 2023, Texas District Judge Matthew Kacsmaryk, a conservative appointed by former President Donald Trump, ruled in favor of a lawsuit by Alliance for Hippocratic Medicine, ordering the FDA to withdraw its approval of the medication, prompting concerns that it could have been banned nationwide.

However, a federal appeals court later narrowed that ruling, determining the medication could only be dispensed in the first seven weeks of gestation, instead of 10, and not by mail.

The Supreme Court will now make the final decision on the case, which is the first of two abortion-related cases it will hear in the coming months. It will also hear a case related to whether a federal law about emergency treatments at hospitals should include abortions in states where the procedure is banned, The Associated Press reported.

James previously led a coalition of 24 attorneys general challenging the Texas ruling on mifepristone.

"The decision to halt the FDA's longstanding approval of mifepristone was clearly misguided and not based on science or medical research. Restricting access to a medication that has been proven safe over decades of research harms public health and rights of millions of Americans," she said in an April 2023 statement.

She continued, "So long as I am New York's attorney general, every effort to weaken and deny abortion access will be met with the full force of my office."

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

fairness meter

fairness meter

Newsweek is committed to journalism that's factual and fair.


Hold us accountable and submit your rating of this article on the meter.

Newsweek is committed to journalism that's factual and fair.


Hold us accountable and submit your rating of this article on the meter.

Click On Meter
To Rate This Article
Comment about your rating
Share your rating

About the writer


Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more

To read how Newsweek uses AI as a newsroom tool, Click here.

Newsweek cover
  • Newsweek magazine delivered to your door
  • Newsweek Voices: Diverse audio opinions
  • Enjoy ad-free browsing on Newsweek.com
  • Comment on articles
  • Newsweek app updates on-the-go
Newsweek cover
  • Newsweek Voices: Diverse audio opinions
  • Enjoy ad-free browsing on Newsweek.com
  • Comment on articles
  • Newsweek app updates on-the-go