The U.S. Supreme Court has intervened to keep the current rules for the abortion pill mifepristone in place until at least Thursday, stalling a lower court’s attempt to tighten access to the medication.
Justice Samuel Alito issued the order on Monday, effectively freezing a ruling from the 5th U.S. Circuit Court of Appeals that would have blocked patients from receiving the drug through the mail or via telehealth appointments.
This latest legal fight centers on a lawsuit brought by the state of Louisiana. State officials are challenging the Food and Drug Administration’s (FDA) current protocols, arguing that the agency’s decision to allow mail-order prescriptions undermines Louisiana’s own abortion ban.
The state has also raised questions regarding the safety of the drug, which was originally approved in 2000. Despite these claims, FDA scientists have maintained for over two decades that the pill is both safe and effective.
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The drug is typically used in a two-step regimen alongside misoprostol. According to the most recent data from 2023, medication-based procedures now account for nearly two-thirds of all abortions performed in the United States.
While lower courts have sided with Louisiana, suggesting the state is likely to succeed in its challenge, the Supreme Court’s stay prevents any immediate changes to how the drug is dispensed. This allows clinics and pharmacies to continue providing the pill without requiring patients to visit a doctor in person.
The pharmaceutical industry, along with various medical organizations and Democratic lawmakers, has warned the justices that a ruling against the FDA could destabilize the entire drug approval process. They argue that allowing a court to override scientific regulatory decisions sets a dangerous precedent for all medications.
On the other side, abortion opponents have spent 25 years filing petitions and suits, alleging the FDA ignored safety risks when it gradually eased restrictions on who can prescribe and dispense the pill.
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Notably, the Trump administration has remained silent during these Supreme Court proceedings, declining to file a brief or offer a recommendation. This silence comes as the administration balances the demands of anti-abortion groups with polling that shows a majority of Americans support access to the procedure.
Both supporters and opponents of the restrictions have interpreted the administration’s lack of a formal stance as a quiet nod toward the appellate court’s earlier decision to limit access. Alito, who authored the 2022 decision overturning Roe v. Wade, will oversee the emergency appeal as the court decides its next move before the Thursday deadline.
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