Particle.news
Download on the App Store
12 ARTICLES
·
last wk.

Supreme Court Keeps Telehealth and Mail Access to Mifepristone in Place

The order keeps FDA telehealth and mail rules in place pending lower-court review.

A woman dressed as a mifepristone pill dances with supporters of Planned Parenthood and pro-choice activists during a rally outside the Supreme Court on April 2, 2025, in Washington, D.C.
Image
Image
Image

Overview

  • Preserving the status quo, the Court on Thursday allowed nationwide prescribing by telehealth and delivery by mail for mifepristone while the case proceeds.
  • The ruling follows a May 1 decision by the 5th Circuit that curtailed mail and telehealth access after Louisiana sued the FDA, prompting emergency appeals by Danco and GenBioPro.
  • Justices Clarence Thomas and Samuel Alito dissented, with Thomas invoking the 1873 Comstock Act and calling the pill makers a “criminal enterprise.”
  • Reporting indicates the FDA’s planned safety study has not started, and former commissioner Marty Makary resigned with Kyle Diamantas now serving as acting chief.
  • The case returns to the 5th Circuit and may come back to the justices, a path that could reshape how courts review FDA decisions on drug safety, labeling, and distribution and that keeps providers and patients watching for sudden rule changes.