The US supreme court upheld nationwide access to mail-order mifepristone, an abortion medication, in a shadow-docket decision on Thursday.
Louisiana sued the US Food and Drug Administration (FDA) in October in a bid to curtail the regulatory agency’s rules on prescribing mifepristone remotely, arguing that it interfered with the state’s ban on abortion.
The fifth circuit ruled in Louisiana’s favor on 1 May, effectively banning mail-order mifepristone for the entire country. Two mifepristone manufacturers, Danco Laboratories and GenBioPro, filed an emergency request with the supreme court, which granted a temporary stay until at least Thursday.
In a 7-2 decision with dissents from justices Clarence Thomas and Samuel Alito, the court sided against the fifth circuit, ending the ban – for now.
In his dissent, Thomas called the mailing of mifepristone to patients “criminal enterprise”. He also noted that the 1873 Comstock Act, which broadly banned people from using the mail to send anything “obscene, lewd or lascivious”, including “any article or thing designed or intended for the prevention of conception or procuring an abortion”, should apply to mifepristone.
Medication accounts for approximately two-thirds of abortions in the US. In large part because of mailed medication, abortion rates have stayed steady in the US despite bans in several states.
Years of research have shown that abortion medications are safe and effective. The recent legal challenges, after the Dobbs decision that upended nationwide access to abortion, have been based on politics rather than evidence, experts say.
Source: The Guardian, 14 May 2026
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