Supreme Court continues to temporarily maintain mail access to abortion pill
Summary
The U.S. Supreme Court has temporarily kept in place the rule allowing the abortion pill mifepristone to be mailed to patients. This pause gives the Court more time to review a lower court ruling that would require the pill to be given in person.Key Facts
- The Supreme Court extended a temporary order on mail access to the abortion pill mifepristone until at least Thursday 5 p.m.
- Justice Samuel Alito issued the order to maintain the current rule while the Court reviews the case.
- A lower court (5th Circuit Court of Appeals) ruled to stop the FDA's policy allowing mifepristone to be mailed and required in-person dispensing.
- Two companies that make the pill, Danco Laboratories and GenBioPro, asked the Supreme Court to keep the mail access policy active.
- Mifepristone is used with another drug, misoprostol, to end early pregnancies and accounted for 65% of clinician-provided abortions in 2023.
- Louisiana sued the FDA, arguing the mail policy breaks its near-total abortion ban by allowing abortions through mailed pills.
- A federal district court paused Louisiana’s lawsuit while the FDA reviews the pill’s safety, but the 5th Circuit later blocked the mail rule temporarily.
- The 5th Circuit said every abortion enabled by the FDA’s mail policy cancels Louisiana’s abortion ban and policy recognizing unborn children as legal persons.
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