High Court Backs Abortion Pill Access for Now

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The U.S. Supreme Court on Thursday temporarily preserved nationwide access to the abortion pill mifepristone by mail, blocking a lower court ruling that would have reinstated in-person dispensing requirements while litigation continues.

In a 7-2 decision, the court granted emergency requests from manufacturers Danco Laboratories and GenBioPro after the 5th U.S. Circuit Court of Appeals moved to roll back a 2023 FDA rule allowing the drug to be prescribed through telehealth and shipped by mail. Justices Samuel Alito and Clarence Thomas dissented.

The case, Louisiana v. FDA, was brought by Louisiana and other anti-abortion states arguing that the FDA exceeded its authority by easing restrictions on mifepristone distribution and that mail-order access conflicts with state abortion bans and the federal Comstock Act.

The ruling leaves current FDA rules in place while the broader legal challenge proceeds through the courts. Mifepristone, used with misoprostol in medication abortions, accounts for roughly two-thirds of U.S. abortions, according to multiple reports.

The decision does not resolve the underlying case, which is expected to return to the Supreme Court for a full review at a later date. Abortion-rights groups called the ruling a temporary but significant victory for access to medication abortion, while opponents vowed to continue pressing legal challenges against the FDA’s policies.

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