The U.S. Supreme Court extended access to the abortion pill mifepristone by mail until Thursday at 5 p.m., maintaining a temporary order that blocks a lower court ruling restricting nationwide access to the drug. Justice Samuel Alito signed the extension, which will expire on Thursday.
Key Takeaways
The U.S. Supreme Court extended access to the abortion pill mifepristone by mail until Thursday at 5 p.m., maintaining a temporary order that blocks a lower court ruling restricting nationwide access to the drug.
- The extension was signed by Justice Samuel Alito and will expire on Thursday.
- This decision follows a Fifth Circuit ruling in a case where Louisiana sued the FDA to restrict access to mifepristone.
- In 2023, the FDA adopted a new regulation allowing patients to be prescribed mifepristone through telehealth, certified pharmacies, or by mail order.
- Mifepristone is used in 65% of all clinician-provided abortions and is taken together with misoprostol to terminate an early pregnancy.
This decision follows a Fifth Circuit ruling in a case where Louisiana sued the U.S. Food and Drug Administration (FDA) to restrict access to mifepristone. In 2023, the FDA adopted a new regulation allowing patients to be prescribed mifepristone through telehealth, certified pharmacies, or by mail order.
Louisiana officials argue that the FDA's regulation allows providers to circumvent Louisiana's near-total ban on abortion. The Supreme Court is now weighing emergency requests from two pharmaceutical companies, Danco Laboratories and GenBioPro, which asked the court to set aside the Fifth Circuit's ruling. Mifepristone, used in 65% of all clinician-provided abortions in 2023 according to the Guttmacher Institute, is taken together with misoprostol to terminate an early pregnancy.
California-based abortion pill suppliers are preparing backup plans in case the Supreme Court restricts access to mifepristone. Dr. Michele Gomez, co-founder of the MYA Network, stated that supply chains in California are 'ready to switch in a day' to alternative abortion drugs like misoprostol.
The current dispute is similar to one that reached the court three years ago. Lower courts then also sought to restrict access to mifepristone, in a case brought by physicians who oppose abortion. They filed suit in the months after the court overturned Roe v. Wade. The Supreme Court blocked the 5th Circuit ruling from taking effect over the dissenting votes of Alito and Justice Clarence Thomas. Then, in 2024, the high court unanimously dismissed the doctors’ suit, reasoning they did not have the legal right, or standing, to sue.
Mainstream medical groups, the pharmaceutical industry, and Democratic members of Congress have weighed in cautioning the court against limiting access to the drug. Pharmaceutical companies said a ruling for abortion opponents would upend the drug approval process. The FDA has eased a number of restrictions initially placed on the drug, including who can prescribe it, how it is dispensed, and what kinds of safety complications must be reported.
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