Overview
- The Supreme Court issued an unsigned emergency order Thursday that preserves nationwide mail and telehealth access to mifepristone while the legal fight proceeds.
- The order freezes the 5th Circuit’s May 1 ruling that would have reinstated an in‑person pickup rule, a shift providers and pharmacies said caused immediate confusion and disrupted care.
- Justices Samuel Alito and Clarence Thomas dissented, citing the 19th‑century Comstock Act and labeling mail distribution a “criminal enterprise,” a signal of deep division over the issue.
- The case stems from Louisiana’s challenge to the FDA’s 2023 decision allowing remote prescribing and mailing of the drug, after which manufacturers Danco and GenBioPro won the stay from the Court.
- The FDA did not brief the justices and is reviewing safety protocols, and because medication abortion accounts for about 60%–65% of U.S. abortions, keeping mail access prevents long travel and delays for many patients as the case returns to the 5th Circuit and likely back to the Court.