The U.S. Supreme Court on Thursday indefinitely extended a freeze on strict new restrictions for dispensing the widely used abortion pill mifepristone while a broader legal battle over the drug continues. The decision, widely anticipated, offers legal stability for pharmacies, telehealth companies, and clinicians embroiled in the latest dispute over access to the medication.
Justices Samuel Alito and Clarence Thomas dissented from the order. Currently, teleprescribing and mailing of abortion drugs account for more than 60% of all abortions within the U.S. healthcare system.
Background and Legal Context
Justice Alito had previously issued two separate stays freezing a ruling by the 5th U.S. Circuit Court of Appeals. That ruling would have required patients to see a healthcare provider in person before obtaining the drug.
Drugmakers Danco Laboratories and GenBioPro petitioned the Supreme Court to restore access to mifepristone through telehealth prescriptions and mail delivery.
The case has drawn a flurry of legal briefs from Congress, state attorneys general, and local governments, reflecting both sides of the abortion debate. A coalition of former FDA commissioners and the pharmaceutical industry lobby PhRMA has warned that the 5th Circuit’s decision could have serious repercussions for the entire drug approval process. They argue it could empower any state to challenge FDA decisions.
Underlying Legal Dispute
Louisiana initiated the underlying case, challenging Biden administration rules that expanded access to mifepristone. The state argued that the federal rules undermined its laws protecting unborn human life and forced it to spend Medicaid funds on emergency care for women harmed by the medication.
Editor's note: This is a developing story. Updates will be provided as new information becomes available.