The Supreme Court of the United States on Thursday preserved nationwide access to the abortion pill mifepristone while an ongoing legal battle over federal abortion regulations continues, blocking lower court restrictions from taking effect for now.
The decision keeps in place current U.S. Food and Drug Administration rules allowing women to obtain mifepristone through pharmacies, telemedicine appointments, and mail delivery while appeals move forward through the courts.
As The Hill reported, Justices Samuel Alito and Clarence Thomas dissented from the order, consistent with positions they previously took in earlier litigation involving mifepristone:
“The Court’s unreasoned order granting stays in this case is remarkable. What is at stake is the perpetration of a scheme to undermine our decision” overturning constitutional abortion rights, Alito wrote.
Thomas said federal law would make mailing mifepristone a criminal offense.
It is not a final decision in the high-stakes dispute. The case now heads back to the New Orleans-based 5th Circuit, and it could ultimately return to the justices on their normal docket.
The Supreme Court was asked to weigh in by two drugmakers that manufacture mifepristone and a generic version of the drug. The companies argued the 5th Circuit’s decision was unprecedented and would cause confusion.
The dispute stems from lawsuits filed by Republican-led states and pro-life groups challenging FDA decisions that loosened restrictions on mifepristone distribution, including telehealth prescribing and mail delivery rules adopted during the Biden administration. The Fifth Circuit had previously sought to reinstate in-person dispensing requirements before the Supreme Court intervened.
Medication abortions account for roughly two-thirds of abortions in the United States, making the case one of the most consequential abortion-related legal fights since the court overturned Roe v. Wade in 2022.
This is a breaking news story. Please check back for updates.
READ NEXT: Woke DEI Defender Inadvertently Admits The Truth About It
