US Supreme Court Asked to Restore Abortion Pill Mail Access After Fifth Circuit Ruling
On Saturday, Danco Laboratories, the pharmaceutical company that makes the abortion pill mifepristone, filed an emergency request with the US Supreme Court to pause a Fifth Circuit Court of Appeals ruling and temporarily restore mail-order access to the drug.
Fifth Circuit Reinstates In-Person Requirement
The Fifth Circuit Court of Appeals, based in Louisiana, temporarily reinstated a requirement on Friday that abortion pills must be obtained in person. The decision will, for now, curb access to abortion pills — the most common method of terminating pregnancies in the US — in states where abortion is banned.
The appeals court wrote in its order: “Every abortion facilitated by FDA’s action cancels Louisiana’s ban on medical abortions and undermines its policy that ’every unborn child is human being from the moment of conception and is, therefore, a legal person.'”
Pharmaceutical Company Warns of “Chaos”
Lawyers for Danco warned in their Supreme Court filing: “The resulting chaos for patients, providers, pharmacies, and the drug-regulatory system is a quintessential irreparable harm that underscores the need for emergency relief from this Court.”
Mifepristone is the first drug in a two-pill regimen recommended by the FDA to end a pregnancy. It is widely available in states where abortion is legal.
A History of Regulatory Shifts
In April 2021, the FDA lifted the in-person dispensing requirement for mifepristone during the COVID-19 pandemic, allowing doctors to send pills by mail through telemedicine. In 2023, the FDA permanently lifted that requirement.
However, in 2024 the US Supreme Court unanimously rejected an effort to restrict access to mifepristone — though that ruling left the door open to other attempts to limit the drug’s availability, coming two years after the Court rescinded the nationwide guarantee to abortion rights.
Friday’s appellate order overrides a lower court’s ruling from earlier this month that had paused the case while the Trump administration conducts an FDA review.
Political Divide Continues
Louisiana Attorney General Liz Murrill celebrated the court’s decision, saying the Biden-era rule “facilitated the deaths of thousands of Louisiana babies (and millions in other states).”
“I look forward to continuing to defend women and babies as this case continues,” she added.
Source: BBC News - US Supreme Court asked to restore abortion pill access