The Supreme Court on Thursday preserved broad access to the abortion pill mifepristone, leaving in place a lower court order that would have restricted the drug’s availability while FDA safety regulations face ongoing litigation. The justices did not provide a
When the Supreme Court acted Thursday, the practical effect was immediate for patients seeking mifepristone: the medication can still be obtained through telehealth and filled through a pharmacy—or delivered by mail—without an in-person doctor visit.
The decision preserved broad access to the abortion pill and kept on hold a lower court order that would have narrowed the drug’s availability as litigation continues over how the Food and Drug Administration sets and updates safety rules.. The court did not elaborate on its ruling. but the outcome mirrors the approach it took two years ago in a similar dispute brought by anti-abortion physicians.
Justice Clarence Thomas and Justice Samuel Alito dissented.
The legal fight centers on the FDA’s decision in 2021 to end an in-person dispensation requirement for mifepristone.. The agency said it relied on data from 15 studies involving more than 55,000 patients, concluding that eased access is safe.. Louisiana, which filed suit, argues regulators acted arbitrarily and failed to properly account for health risks.
Louisiana asked the Supreme Court to uphold—at least temporarily—an appeals court ruling that found the Biden administration did not lawfully develop the new mifepristone guidelines and that they should be paused.
Drugmakers Danco Labs and GenBioPro, supported by 20 states, dispute that characterization.. They say the guidelines were properly studied by the FDA and put into place over the past five years with little complaint or challenge. and they pointed out that no federal court has ever second-guessed FDA-approved drug regulations.
Abortion providers and advocates have said telehealth access is now a common pathway to the medication. The ACLU reported that more than one in four women who obtain an abortion today do so through telehealth.
In a statement. Danco spokesperson Abby Long said the company was “pleased that a safe and effective drug Americans depend on will continue to be available while this litigation proceeds.” She added that Danco is “confident that a review of all recent. reliable data by FDA will continue to show that [mifepristone] is very safe and effective.”
Louisiana Attorney General Liz Murrill framed the decision differently. saying it was “shocking” that the Supreme Court would block a “common-sense return to medically ethical practices and oversight.” She also said the DOJ did not defend Big Pharma. alleging that the companies are “profiting from the illegal and unethical distribution of abortion pills. ” and that her office would “keep fighting.”
Supreme Court mifepristone abortion pill FDA telehealth Louisiana Liz Murrill Danco Labs GenBioPro ACLU abortion access