{"id":232673,"date":"2026-05-15T14:07:09","date_gmt":"2026-05-15T14:07:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/232673\/"},"modified":"2026-05-15T14:07:09","modified_gmt":"2026-05-15T14:07:09","slug":"supreme-court-allows-abortion-pill-access-by-mail-to-continue","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/232673\/","title":{"rendered":"Supreme Court Allows Abortion Pill Access by Mail to Continue"},"content":{"rendered":"<p class=\"css-ac37hb evys1bk0\">The Supreme Court on Thursday ruled that a widely used abortion medication could continue to be prescribed by telehealth and sent to patients by mail.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Two manufacturers of mifepristone had asked the Supreme Court to intervene after the conservative U.S. Court of Appeals for the Fifth Circuit restricted access to the medication nationwide.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The Supreme Court\u2019s brief order means that the Fifth Circuit\u2019s decision will remain blocked, perhaps for months, while litigation continues in the lower courts. The issue could eventually return to the high court.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The majority did not explain the reasons for its ruling, as is often the case when it issues emergency orders. Justices Clarence Thomas and Samuel A. Alito Jr., the two most conservative justices, dissented, with Justice Alito calling the majority\u2019s order \u201cremarkable\u201d and complaining that it was \u201cunreasoned.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\">The Fifth Circuit ruled on May 1, in response to a lawsuit filed by the State of Louisiana seeking to reimpose a requirement that patients obtain the medication only after seeing a provider in person. The F.D.A. first lifted that regulation in 2021, making it possible for people in Louisiana and other states with strict abortion bans to receive the pills through the mail.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Nearly two-thirds of abortions in the United States are now carried out with abortion pills, and about one-quarter involve telehealth, a virtual visit with a health care provider.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The Supreme Court eliminated the nationwide right to abortion in 2022, but legal battles over the issue have continued. In its lawsuit, Louisiana has asserted that the F.D.A.\u2019s decision to remove the in-person dispensing requirement was based on inadequate or flawed data \u2014 a claim medical organizations dispute, citing <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/interactive\/2023\/04\/01\/health\/abortion-pill-safety.html\" title=\"\" rel=\"nofollow noopener\" target=\"_blank\">more than 100 studies<\/a> that have found that mifepristone is safe, and that serious complications from taking it are rare.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Liz Murrill, the state\u2019s attorney general, said the regulations had resulted in about 1,000 illegal abortions in the state each month, and thousands of dollars in Medicaid costs to treat women harmed by mifepristone.<\/p>\n<p class=\"css-ac37hb evys1bk0\">In a statement on Thursday, Ms. Murrill said, \u201cIt\u2019s shocking that the Supreme Court would block this common-sense return to medically ethical practices and oversight.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\">Justice Alito, in his dissent, agreed with the state that its ban had been \u201cthwarted by certain medical providers, private organizations and states that abhor laws like Louisiana\u2019s and seek to undermine their enforcement.\u201d He characterized the shipping of abortion medication into states with strict bans as the \u201cperpetration of a scheme\u201d to undercut the Supreme Court\u2019s decision overturning Roe v. Wade, which he noted \u201crestored the right of each state to decide how to regulate abortions within its borders.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\">The manufacturers, Danco Laboratories and GenBioPro, told the justices that a ruling in Louisiana\u2019s favor could cause broad disruptions to the pharmaceutical industry and lead to state-by-state second-guessing of all sorts of drug regulations. The companies pointed to the Supreme Court\u2019s decision two years ago rejecting a similar challenge from anti-abortion doctors. In that case, the court unanimously held that the F.D.A.\u2019s loosening of regulations had not caused the type of direct harm to the doctors that would give them standing to sue.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Abby Long, a spokeswoman for Danco, expressed relief in a statement on Thursday, saying that the Fifth Circuit\u2019s ruling had been \u201cunprecedented and immediately caused nationwide chaos and confusion for patients and providers prescribing.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\">The clash over access to mifepristone has put the Trump administration in a difficult political position ahead of the midterm elections. Many of the president\u2019s supporters oppose abortion, but restricting access is not considered a broadly winning position in many critical contests.<\/p>\n<p class=\"css-ac37hb evys1bk0\">While Justice Department lawyers defended the F.D.A. in the lower courts, they have not said whether the administration ultimately supports allowing the pills to be mailed. Rather, administration lawyers have said that the F.D.A. is conducting a review of mifepristone\u2019s safety and have asked the lower courts to delay Louisiana\u2019s lawsuit until that review is complete.<\/p>\n<p class=\"css-ac37hb evys1bk0\">But after losing in the appeals court, the administration made the unusual decision to forgo any filing at the Supreme Court, taking no position on how the justices should rule.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Julia Kaye, an attorney with the American Civil Liberties Union\u2019s Reproductive Freedom Project, criticized the administration\u2019s silence.<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cWhen nationwide access to a critical abortion and miscarriage medication was on the line, the Trump administration refused to defend the F.D.A.\u2019s action,\u201d she said in a statement on Thursday.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Medication abortion usually involves a two-drug regimen. Mifepristone blocks a hormone necessary for pregnancy to continue, followed 24 to 48 hours later by a second medication, misoprostol, which causes contractions similar to a miscarriage. The Louisiana case targets mifepristone, which the F.D.A. approved for abortion in 2000. Misoprostol, which is also used for other medical conditions, is not affected by the Fifth Circuit ruling.<\/p>\n<p class=\"css-ac37hb evys1bk0\">In April, a district court judge in Louisiana said the state was likely to win its challenge to the regulation, but declined to pause the availability of pills by mail while the lawsuit proceeded. Instead, the judge gave the F.D.A. time to complete the safety review of mifepristone.<\/p>\n<p class=\"css-ac37hb evys1bk0\">In its ruling earlier this month, the Fifth Circuit sided with Louisiana, echoing the state\u2019s arguments that the F.D.A.\u2019s regulations were \u201cundermining its laws protecting unborn human life\u201d and also \u201ccausing it to spend Medicaid funds on emergency care for women harmed by mifepristone,\u201d in an order written by Judge Stuart Kyle Duncan, a Trump appointee. He was joined by Judge Kurt D. Engelhardt, another Trump appointee, and Judge Leslie Southwick, who was appointed by President George W. Bush.<\/p>\n","protected":false},"excerpt":{"rendered":"The Supreme Court on Thursday ruled that a widely used abortion medication could continue to be prescribed by&hellip;\n","protected":false},"author":2,"featured_media":232674,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[85962,17075,1452,17074,81829,86404,1775,7050,85951,9,11,10,30483,11771,17080,68592,1069,1876],"class_list":["post-232673","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-york","tag-danco-laboratories","tag-decisions-and-verdicts","tag-donald-j","tag-federal-courts-us","tag-food-and-drug-administration","tag-genbiopro-inc","tag-louisiana","tag-medicaid","tag-mifeprex-ru-486","tag-new-york","tag-new-york-headlines","tag-new-york-news","tag-regulation-and-deregulation-of-industry","tag-suits-and-litigation-civil","tag-supreme-court-us","tag-telemedicine","tag-trump","tag-united-states-politics-and-government"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/232673","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=232673"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/232673\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/232674"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=232673"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=232673"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=232673"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}