WASHINGTON — The Supreme Court (Supreme Court of the United States) on Thursday allowed continued access to the abortion medication mifepristone via telehealth while litigation proceeds in lower courts.
The order maintains the current regulatory framework after the court stayed a May 1 ruling from the U.S. 5th Circuit Court of Appeals (U.S. Court of Appeals for the Fifth Circuit), which would have reinstated older rules requiring in-person dispensing of mifepristone nationwide.
The case stems from a lawsuit filed by Louisiana against the Food and Drug Administration (U.S. Food and Drug Administration), challenging federal rules that allow the drug to be prescribed through telehealth.
The Supreme Court issued its order around 5:30 p.m., shortly after a court-imposed deadline. Justices Samuel Alito and Clarence Thomas publicly dissented.
The appellate court ruling that the Supreme Court stayed would have restored pre-pandemic restrictions requiring patients to receive mifepristone in person at a clinic or doctor’s office.
The FDA removed the in-person dispensing requirement in 2021 after determining it was medically unnecessary.
Louisiana argued in its lawsuit that telehealth access to mifepristone conflicts with the state’s abortion restrictions.
Separately, FDA Commissioner Dr. Marty Makary resigned this week under pressure from the White House. It was not immediately clear whether the lawsuit factored into his departure.