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Supreme Court blocks restrictions on abortion pill access
The US Supreme Court ruled on Thursday that mifepristone, a widely used abortion medication, can continue to be distributed by mail while ongoing litigation unfolds. The decision temporarily halts lower-court restrictions imposed earlier this month.
Manufacturers seek emergency intervention
Two pharmaceutical companies producing mifepristone petitioned the Supreme Court after a federal appeals court reinstated a requirement that patients obtain the drug in person. The high court's order, issued without explanation, delays those restrictions until the case is resolved-potentially in 2027.
Abortion pills dominate US terminations
Medication abortions account for the majority of pregnancy terminations in the US, particularly in states where surgical abortions are banned. Mifepristone, the first drug in a two-pill regimen, has been available by mail since 2023 under FDA rules allowing telemedicine prescriptions.
Legal challenges and dissent
Louisiana sued the FDA last October, arguing that mail distribution of mifepristone conflicted with its state abortion ban. The appeals court sided with Louisiana, citing the state's claim that federal approval "cancels" its prohibition on medical abortions. Justices Clarence Thomas and Samuel Alito dissented from Thursday's ruling.
"Every abortion facilitated by FDA's action cancels Louisiana's ban on medical abortions and undermines its policy that 'every unborn child is a human being from the moment of conception,'"
US Appeals Court order
Thomas, in his dissent, contended that mailing mifepristone violates Louisiana law, calling the manufacturers' appeal an attempt to "block a court order based on lost profits from their criminal enterprise."
Regulatory shifts and state bans
The FDA first relaxed in-person dispensing rules for mifepristone during the COVID-19 pandemic in 2021, later making the change permanent in 2023. That decision survived a 2024 Supreme Court challenge, though the justices left room for future restrictions.
Since the 2022 overturning of Roe v. Wade, over 20 states have enacted abortion bans or severe limitations, reshaping access nationwide.
What's next
The Supreme Court's stay remains in effect until justices decide whether to hear the manufacturers' full case. A final ruling could arrive next year, with implications for abortion access across the US.