US Supreme Court Pauses Lower Court Ruling On Abortion Pill Mail Ban
In a quick reversal of a lower court’s decision, the Supreme Court on Monday paused a 5th Circuit ruling that banned the mailing of Mifepristone, an abortion drug. Issued by Justice Samuel Alito, the brief order holds off on enforcing the telehealth ban while litigation continues.
The case is one of several moving through the 5th Circuit at the behest of anti-abortion rights groups and conservative state leadership. Monday’s determination gives time for consideration of emergency requests from drug manufacturers.
A unanimous SCOTUS rejected an attack on Mifepristone in 2024. As explained by NPR, the standard practice for medication abortion consists of two drugs. Both Mifepristone and Misoprostol have other uses, and restricting either could have broad implications.
While the Supreme Court has previously rejected efforts to overturn FDA approvals for the drug, the recent decision of Louisiana v. Callais shows how the Court can turn away from reason and the law, given enough time.
According to the Center for Reproductive Health, medication abortions account for over 60% of abortions since Roe v. Wade was overturned in 2022.
“This ruling is not final—keep watching.” Nancy Northup, President and CEO of the Center for Reproductive Rights, said in a recent statement. “Getting abortion pills through telehealth has been a lifeline for women since Roe v. Wade was overturned.”
Despite already having some of the strictest abortion bans in the country, state leaders in the 5th Circuit (covering Texas, Louisiana, and Mississippi) continue to whittle away access to care. By many accounts, the demand to remove telehealth access is a part of the broader effort to restrict bodily autonomy.
Conservative-led states, including Iowa and Oklahoma, have continued efforts to restrict abortion care by pushing legislation that limits medication abortion. Northup explained that removing telehealth access is about control, not care.
“There is no reason people shouldn’t be able to get Mifepristone at a pharmacy or through the mail,” she said. “Louisiana’s attempt to restrict access is political and not based in science or medicine. Americans deserve access to this critical drug that has been FDA-approved for 25 years.”
Also, before anyone rushes to praise Alito, acknowledging procedural standards isn’t a part of a redemption arc. As the recent decision of Louisiana v. Callais shows, the Court can turn away from reason and the law given enough time.
As the author of Callais and the 2022 Dobbs v. Jackson Women’s Health Organization, Alito has shown a pattern and practice of turning away from reason and the law, given enough time. It remains to be seen how the Court will rule.
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