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PoliticsMay 15

Supreme Court preserves abortion pill mifepristone access by mail while lawsuit proceeds

The Supreme Court blocked lower court restrictions on mifepristone, allowing continued mail delivery and telehealth prescribing while a Louisiana lawsuit challenging FDA regulations continues.

Synthesized from 22 sources

The Supreme Court on Thursday preserved access to the abortion pill mifepristone through mail delivery and telehealth appointments, blocking lower court restrictions while a lawsuit challenging federal regulations proceeds.

The justices granted emergency requests from mifepristone manufacturers Danco Laboratories and GenBioPro, who appealed a federal appeals court ruling that would have required women to see doctors in person and halted mail delivery of the drug. The court's order ensures access will likely remain uninterrupted at least into next year as the case continues.

The dispute stems from a lawsuit filed by Louisiana challenging Food and Drug Administration rules on how mifepristone can be prescribed. The state argues that current FDA policies, which allow telehealth prescribing and mail delivery, undermine Louisiana's abortion ban and questions the drug's safety. A three-judge panel of the 5th U.S. Circuit Court of Appeals had ruled in May that mail access and telehealth visits should be suspended while the case plays out.

Justices Clarence Thomas and Samuel Alito dissented from Thursday's decision. Thomas wrote that the pharmaceutical companies are not entitled to court protection from "lost profits from their criminal enterprise," while Alito argued that medical providers and organizations mailing pills to women in states with abortion bans are violating those laws.

The FDA first approved mifepristone for abortion in 2000 and stopped requiring in-person visits in 2019. Mifepristone, typically used in combination with another drug called misoprostol, accounted for nearly two-thirds of all U.S. abortions in 2023. The current case is similar to a previous challenge that reached the Supreme Court in 2024, which the justices unanimously dismissed after ruling the plaintiffs lacked legal standing to sue.

The Trump administration did not file a brief recommending a position to the court, despite federal regulations being at issue. Anti-abortion groups have criticized the pace of the administration's review of mifepristone regulations, while the case puts the administration in a difficult position given Trump's reliance on anti-abortion supporters and polling showing broader public support for abortion rights.

Sources (22)

Bias Scale:
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8 · Lean Left
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