WASHINGTON, DC (LOOTPRESS) – The U.S. Supreme Court on Thursday cleared the way for abortion pill access by mail to continue nationwide, blocking a lower court ruling that threatened to reinstate stricter in-person requirements for the drug mifepristone.
In a divided decision, the nation’s highest court granted emergency requests from drugmakers Danco Laboratories and GenBioPro, allowing the medication to remain available without an in-person doctor’s appointment while legal challenges continue. Conservative Justices Clarence Thomas and Samuel Alito dissented.
The decision temporarily blocks a May 1 ruling from the 5th U.S. Circuit Court of Appeals in New Orleans that could have significantly limited access to the abortion pill across the country.
The lawsuit was brought by the state of Louisiana, which challenged a 2023 FDA policy change allowing mifepristone prescriptions to be issued through telehealth and delivered by mail. The policy was implemented after the Supreme Court overturned Roe v. Wade in 2022.
Louisiana Attorney General Liz Murrill argued in court filings that abortion pills mailed into the state were fueling hundreds of abortions each month despite Louisiana’s near-total abortion ban.
Mifepristone is part of a two-drug regimen approved by the FDA and is currently the most commonly used method for abortion in the United States. The medication is also widely used in miscarriage treatment.
Anti-abortion groups and Republican-led states have pushed to restore older restrictions requiring patients to obtain the drug in person, arguing the medication can pose safety risks. However, multiple studies and federal regulators have repeatedly found mifepristone to be safe and effective when used as directed.
The drugmakers argued Louisiana lacked legal standing to bring the case, pointing to a 2024 Supreme Court ruling that rejected a similar challenge because plaintiffs failed to prove direct harm.
Notably, the Trump administration did not file a brief with the Supreme Court in the latest case, even though the FDA remains a defendant in the lawsuit. However, the Justice Department previously urged the appeals court to side with the drugmakers, warning that overturning the FDA’s rules could create widespread disruption and interfere with the agency’s scientific review process.
The FDA is currently reviewing safety protocols surrounding mifepristone, meaning future restrictions could still emerge depending on the outcome of ongoing litigation and federal policy decisions.
According to the Guttmacher Institute, abortion is effectively banned in 13 states, while several others continue to enforce strict limitations on abortion access.
