The Supreme Court temporarily preserved women's access to mifepristone, a commonly used abortion drug, by rejecting lower-court restrictions while a lawsuit challenging its availability continues. Justices Thomas and Alito dissented, arguing against the drug companies' profits from its use in states with abortion bans.
The Supreme Court on Thursday preserved women's access to mifepristone, the primary drug used in medication abortions, by rejecting lower-court restrictions. This decision keeps the drug widely available via mail and telehealth platforms while a lawsuit challenging its safety and distribution methods continues. Justices Clarence Thomas and Samuel Alito dissented, with Thomas arguing that drug companies Danco Laboratories and GenBioPro should not be spared "lost profits from their criminal enterprise," referring to the mailing of pills to states with abortion bans. Alito cited the Comstock Act, a 19th-century law banning the mailing of abortion-related items. The case stems from a lawsuit filed by Louisiana, which seeks to roll back FDA rules on mifepristone prescribing, claiming the policy undermines the state's abortion ban and questioning the drug's safety, despite repeated FDA affirmations of its safety and effectiveness. Anti-abortion groups, frustrated with the Trump administration's slow review of mifepristone, have pushed for restrictions, including blocking telehealth prescribing. Medication abortions accounted for nearly two-thirds of all U.S. abortions in 2023. While the ruling maintains the status quo, abortion-rights advocates warn it's not a permanent resolution. Anti-abortion groups expressed disappointment but noted the court could still hear the case in full. This dispute follows the overturning of Roe v. Wade and previous mifepristone-related Supreme Court cases, highlighting the ongoing legal and political battle over reproductive rights. The Trump administration remained notably silent on the case, caught between its anti-abortion base and public opinion supporting abortion rights.
