The U.S. Supreme Court on Thursday upheld access to the abortion pill mifepristone via mail, rejecting a challenge from Louisiana that sought to reinstate an in-person dispensing requirement. The court's unsigned order, issued in a 7-2 vote, maintains the status quo while litigation continues in lower courts. Justices Clarence Thomas and Samuel Alito dissented, arguing the decision undermined state abortion regulations.
Core Facts
The Supreme Court's decision extends a temporary stay on a May 1 ruling by the 5th U.S. Circuit Court of Appeals, which had reinstated the in-person requirement for mifepristone. The FDA lifted this requirement in 2023, allowing telehealth prescriptions and mail delivery. Louisiana, which bans most abortions, sued the FDA, arguing the relaxed rules enabled out-of-state providers to circumvent its laws.
Deeper Context
The case stems from Louisiana's lawsuit against the FDA, which challenged the agency's 2023 decision to remove the in-person requirement for mifepristone. The drug, approved in 2000, is used in combination with misoprostol for medication abortions, which now account for nearly two-thirds of all abortions in the U.S. The FDA temporarily suspended the in-person rule during the COVID-19 pandemic before lifting it permanently in 2023.
Dissenting Views
Justices Thomas and Alito dissented, with Thomas arguing that the decision allowed the drugmakers to profit from what he called a "criminal enterprise." Alito called the ruling "remarkable," stating it undermined the court's 2022 Dobbs decision, which overturned Roe v. Wade and returned abortion regulation to the states. Both justices cited the Comstock Act, an 1873 law that bans mailing abortion-related materials.
Next Steps
The case will return to the 5th Circuit for further review. The FDA is conducting its own review of mifepristone regulations, while California and other states have prepared alternative distribution methods if access is further restricted.