Supreme Court Must Ultimately Stop Mail-Order Abortions, Protect Moms and Babies

The U.S. Supreme Court today issued a temporary order allowing continued mail distribution of the abortion drugs mifepristone and misoprostol while litigation proceeds. The order is set to expire within days as the Court considers next steps in the case.

“Today’s action by the Court is not a final ruling on the merits of this case,” said Carol Tobias, president of National Right to Life. “It is a temporary procedural step that leaves unresolved the very real concerns about the safety of these drugs and the decision under the Biden administration’s FDA to recklessly remove longstanding safeguards.”

The challenged regulations stem from decisions by the Food and Drug Administration under the Biden administration to loosen safety protocols, including allowing abortion drugs to be prescribed via telehealth and delivered by mail. A federal appeals court had recently reinstated requirements for in-person medical oversight, citing concerns about the FDA’s actions.

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Under the Biden administration, the FDA removed in-person medical supervision which places women at increased risk, particularly when complications arise without immediate access to a physician. Mifepristone, used in combination with another drug, can lead to serious adverse events including heavy bleeding, sepsis, and incomplete abortion requiring surgical intervention.

“When abortion drugs are mailed across state lines with little or no medical oversight, women are left to manage potentially dangerous complications on their own,” Tobias said. “This is not compassionate care — it is a dangerous experiment on women.”

Chemical abortion now accounts for a majority of abortions in the United States, increasing the urgency of ensuring proper safeguards are in place.

The Court’s temporary order merely preserves the status quo for a short period and does not validate the FDA’s decisions under the Biden administration or address the underlying legal and medical questions.

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