{"id":307556,"date":"2026-05-09T10:42:09","date_gmt":"2026-05-09T10:42:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/307556\/"},"modified":"2026-05-09T10:42:09","modified_gmt":"2026-05-09T10:42:09","slug":"california-abortion-pill-suppliers-ready-with-supreme-court-workaround","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/307556\/","title":{"rendered":"California abortion pill suppliers ready with Supreme Court workaround"},"content":{"rendered":"\n<p>The last time the Supreme Court threatened to end access to the country\u2019s most popular abortion method, California\u2019s network of online providers and their pharmaceutical suppliers scrambled to respond. <\/p>\n<p>Now, with the fate of the cocktail used in roughly two-thirds of U.S. terminations once again in the balance, they\u2019re not even breaking a sweat. <\/p>\n<p>Dr. Michele Gomez, co-founder of the MYA Network, a consortium of virtual reproductive healthcare providers, said the supply chain is \u201cready to switch in a day\u201d to an alternative drug combination.<\/p>\n<p> \u201cIt\u2019s not going away and it\u2019s not going to slow down,\u201d Gomez said. <\/p>\n<p>On  May 1, the 5th U.S. Circuit Court of Appeals ruled to block the drug  mifepristone from being prescribed virtually and shipped through the mail, making such deliveries illegal across the country. On Monday, the Supreme Court stayed that decision, allowing prescriptions to resume until the court issues an emergency ruling next week. <\/p>\n<p>Mifepristone is the first half of a two-drug protocol for medication abortion, which made up 63% of all legal abortions in the U.S. in 2023.<\/p>\n<p>Between a quarter and a third of those abortions are now prescribed by healthcare providers over the internet and delivered by mail \u2014 a path Louisiana and other ban states are fighting to bar. <\/p>\n<p>\u201cAbortion access has gone up with all the telehealth providers,\u201d Gomez said. \u201cWe uncovered an unmet need.\u201d <\/p>\n<p>But the cocktail\u2019s second ingredient, misoprostol, can be used to produce abortion on its own \u2014 a method that\u2019s often more painful and slightly less effective. <\/p>\n<p>It would be easy for suppliers to switch to a misoprostol-only protocol \u2014 and much harder for courts to block it, experts said. <\/p>\n<p>\u201cWe heard about this on Friday and organizations that mail pills were mailing misoprostol on Saturday,\u201d Gomez said. \u201cThey already knew what to do.\u201d <\/p>\n<p>After the Supreme Court overturned Roe  vs. Wade in 2022, California became one of the first states to enshrine abortion rights for residents in its Constitution and legislate protection for clinicians who prescribe abortion pills to women in states with bans. <\/p>\n<p>Last fall, legislators in Sacramento expanded those protections by allowing pills to be mailed without either the doctor or the patient\u2019s name attached. <\/p>\n<p>But cases like the one being decided next week could still sharply limit abortion rights even in states with extensive legal protections, experts warned. <\/p>\n<p>\u201cEven though California has built a fortress around its own constitutional protections of reproductive freedom, those [protections] become vulnerable to the whims of antiabortion states if the Supreme Court gives those states their imprimatur,\u201d said Michele Goodwin, professor at Georgetown Law and an expert on reproductive justice. <\/p>\n<p>            <img class=\"image\" alt=\"Coral Alonso sings in Spanish as protesters rally on the three-year anniversary of the decision overturning Roe vs. Wade.\"   width=\"1200\" height=\"800\" src=\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2026\/05\/1778323329_647_.jpeg\" decoding=\"async\" loading=\"lazy\"\/>         <\/p>\n<p>Coral Alonso sings in Spanish as protesters rally on the three-year anniversary of the U.S. Supreme Court decision overturning Roe vs. Wade on June 24, 2025, in Los Angeles. The ruling ended the federal right to legal abortion in the United States.<\/p>\n<p>(David McNew \/ Getty Images)<\/p>\n<p>Legal experts are split over how the justices will decide the medication\u2019s mail-order fate. <\/p>\n<p>\u201cThis is a case where law clearly won\u2019t matter,\u201d Eric J. Segall, a law professor at Georgia State University and an expert on the Supreme Court. <\/p>\n<p>\u201cIn a very important midterm election year, I think there\u2019s at least two Republicans on the court who will decide that upholding the 5th Circuit would really hurt the Republicans at the polls,\u201d he said. \u201cIf women can\u2019t get this by mail in California or other blue states where abortion is legal, it\u2019s going to have devastating consequences, and I think the court knows that.\u201d <\/p>\n<p>But he and others believe it\u2019s no longer a matter of if \u2014 but when and how \u2014 the drugs are restricted, including in California. <\/p>\n<p>\u201cThis is curating a backdrop for a legal showdown that may surely come,\u201d Goodwin said. <\/p>\n<p>The court\u2019s most conservative justices could find grounds to act in the long-forgotten Comstock Act of 1873. The brainchild of America\u2019s zealously anti-porn postmaster Anthony Comstock, the law not only banned the mailing of the \u201cBirth of Venus\u201d and \u201cLady Chatterley\u2019s Lover,\u201d but also condoms, diaphragms and any drug, tool or text that could be used to produce an abortion. <\/p>\n<p>Though it hasn\u2019t been enforced since the 1970s, the antiabortion provision of the law remains on the books, experts said. <\/p>\n<p>\u201cThe next move is with the Comstock Act, which Justices Alito and Thomas have already been hinting at,\u201d Goodwin said. \u201cIn that case, it\u2019s like playing Monopoly \u2014 we could skip mifepristone and go straight to contraception. The goal is to make sure none of that gets to be in the mail.\u201d<\/p>\n<p>That move would upend how Americans get both abortions and birth control, and put an unassuming L.A. County pharmacy squarely in the government\u2019s crosshairs. <\/p>\n<p>Although doctors in nearly two dozen states can safely prescribe medication abortion to women anywhere in the U.S., only a handful of specialty pharmacies actually fill those mail orders, Gomez explained. Among the largest is Honeybee in Culver City, which did not reply to requests for comment. <\/p>\n<p>Even if the justices don\u2019t reach for Comstock, a decision in Louisiana\u2019s favor next week could create a two-tiered system of abortion across California and other blue states, experts said. <\/p>\n<p>\u201cThe people this case hurts the most are the poor and the rural,\u201d said Segall, the Supreme Court expert. <\/p>\n<p>National data show that abortion patients are disproportionately poor. Most are also already mothers. Losing mail access to mifepristone would leave many with the more painful, less effective option while those with the time and means to reach a clinic continue to get the gold standard of care. <\/p>\n<p>\u201cThere are fundamental questions of citizenship at the heart of this,\u201d said Goodwin, the constitutional scholar. \u201cUnder the 14th Amendment, women are supposed to have equality, citizenship, liberty. It\u2019s as though the Supreme Court has taken a black marker and pressed it against all of those words.\u201d  <\/p>\n<p>For Gomez and other providers, that\u2019s tomorrow\u2019s problem. <\/p>\n<p>\u201cThe lawyers and the politicians are just going to do their thing,\u201d the doctor said. \u201cThe healthcare providers are just trying to get medications to people who need them.\u201d <\/p>\n","protected":false},"excerpt":{"rendered":"The last time the Supreme Court threatened to end access to the country\u2019s most popular abortion method, California\u2019s&hellip;\n","protected":false},"author":2,"featured_media":307557,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[16884,7,9,8,1436,4082,21222,51912,9663,78755,129297,129298,7450,225,129296,129299,1557],"class_list":["post-307556","post","type-post","status-publish","format-standard","has-post-thumbnail","category-california","tag-abortion","tag-california","tag-california-headlines","tag-california-news","tag-case","tag-expert","tag-georgetown-law","tag-gomez","tag-mail","tag-medication-abortion","tag-michele-goodwin","tag-other-ban-state","tag-protection","tag-state","tag-supreme-court-workaround","tag-u-s-termination","tag-woman"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/307556","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=307556"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/307556\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/307557"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=307556"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=307556"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=307556"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}