Nationwide Access Maintained
The Supreme Court on Thursday preserved broad access to the abortion pill mifepristone, ensuring it remains available by mail and through telehealth appointments. This decision sets aside a lower court order that would have required in-person doctor visits for prescriptions. The ruling allows patients nationwide to continue accessing mifepristone while litigation brought by Louisiana proceeds.
Dissenting Justices
Justices Samuel Alito and Clarence Thomas dissented from the court's order. Thomas argued that the drugmakers were not entitled to block a court order based on lost profits from their "criminal enterprise," referencing the illegality of mailing mifepristone in Louisiana. Alito stated the Biden administration's 2023 decision to make mifepristone available by mail was an attempt to undermine the Supreme Court's 2022 ruling that overturned Roe v. Wade.
Louisiana's Challenge
Louisiana sued the FDA, seeking to curtail the agency's rules on prescribing mifepristone remotely, arguing it interfered with the state’s abortion ban. Louisiana Attorney General Liz Murrill argued that up to 1,000 abortions a month are taking place in the state due to mifepristone pills being mailed to women. The state also claimed it has spent over $17,000 investigating out-of-state providers who shipped mifepristone into Louisiana.
Drugmakers' Concerns
Drugmakers Danco Laboratories and GenBioPro requested the Supreme Court block the lower court's decision, warning it would cause confusion and chaos for patients, abortion providers, and pharmacies. GenBioPro stated that patients and clinicians have relied on dispensing mifepristone without an in-clinic visit for years, particularly those in rural areas or facing transportation and childcare constraints.
FDA's Position
The FDA formally allowed mifepristone to be prescribed through telehealth and dispensed through the mail in 2023, finding that the drug "may be safely used without in-person dispensing." The FDA is currently reviewing the safety protocols for mifepristone, meaning that availability by mail could still be overturned. The Justice Department told the appeals court that Louisiana’s lawsuit would disrupt the FDA’s ongoing review and threaten chaos.
Impact of Medication Abortion
Medication was used in 65% of all clinician-provided abortions in 2023, according to the Guttmacher Institute. The Supreme Court's decision ensures continued access to a method that now accounts for more than 60% of all abortions in the health system.
