The Supreme Court on Thursday maintained access to the abortion pill mifepristone, extending an earlier pause against new restrictions on the drug while it hears an ongoing case about how it's prescribed.
The court’s order allows women seeking abortions to continue obtaining the drug, mifepristone, at pharmacies or through the mail, without an in-person visit to a doctor. Access is likely to remain uninterrupted at least until into next year as the case plays out, including a potential appeal to the high court.
The justices granted emergency requests from makers of mifepristone, who are appealing a federal appeals court ruling that would require women to see a doctor in person and halt delivery of mifepristone through the mail. The federal Food and Drug Administration, which first approved mifepristone for use in abortion in 2000, stopped requiring in-person visits five years ago.
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The court is dealing with its latest abortion controversy four years after its conservative majority overturned Roe v. Wade and allowed more than a dozen states to effectively ban abortion outright.
The case before the court stems from a lawsuit Louisiana filed to roll back the Food and Drug Administration’s rules on how mifepristone can be prescribed. The state claims the policy undermines the ban there, and it questions the safety of the drug, which was first approved in 2000 and has repeatedly been deemed safe and effective by FDA scientists.
Lower courts concluded that Louisiana is likely to prevail, and a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled that mail access and telehealth visits should be suspended while the case plays out.
The drug is most often used for abortion in combination with another drug, misoprostol. Medication abortions accounted for nearly two-thirds of all abortions in the U.S. in 2023, the last year for which statistics are available.
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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.
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.
In the current dispute, 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.
