The U.S. Supreme Court has blocked a lower court ruling that would have cut off nationwide mail and telehealth access to the abortion medication mifepristone. The 7-2 ruling on the court's emergency shadow docket preserves the FDA's 2023 policy that lifted a requirement to prescribe mifepristone in person.
The decision means that patients can continue to receive mifepristone by mail and at pharmacies, as they have for more than five years since the FDA relaxed its safety restrictions. The ruling is a significant, if temporary, victory for reproductive rights advocates who have been fighting a series of legal challenges to medication abortion access.
The case was brought by two manufacturers of mifepristone who argued that restricting access to the drug would harm their business and limit patient access to a safe and effective medication. The Fifth Circuit Court of Appeals had previously issued a ruling that would have restricted nationwide access, prompting the emergency appeal to the Supreme Court.
The ACLU's Reproductive Freedom Project responded to the decision with cautious optimism. While it is good news that patients can continue to get this safe medication by mail and at pharmacies, the organization noted that abortion opponents are continuing their baseless attacks.
The ruling does not resolve the underlying legal questions about mifepristone access, and further litigation is expected. The case highlights the ongoing tension between the courts, the FDA's regulatory authority, and the broader political battle over reproductive rights in America.