The U.S. Supreme Court on Thursday ruled that women can continue receiving abortion drugs through the mail and without seeing a doctor in person while the case works its way through appeals courts.
States like Louisiana and Texas sued the FDA to stop the mifepristone mail-order scheme. Pro-lifers are concerned that the FDA expanded access through a generic version, although there are questions about safety. Mail order is available even in states that have banned chemical abortions.
The U.S. Court of Appeals for the Fifth Circuit earlier this month granted the state’s and co-plaintiff Rosie Markezich’s’ request to halt the abortion drug mail-order policy in Louisiana v. FDA.
Markezich is part of the suit because her boyfriend obtained mifepristone through the mail using her personal information and coerced her into taking it.
After two abortion drug companies filed an emergency appeal to the Supreme Court, Justice Samuel Alito issued a temporary administrative block on the Fifth Circuit’s ruling for a week.
The block was set to expire on Monday, May 12, but Justice Alito extended the block until Thursday, March 14. On that day, the Supreme Court ruled that women can continue to obtain abortion drugs through the mail while the lawsuit is pending.
Justices Clarence Thomas and Samuel Alito dissented.
“Applicants [abortion drug manufacturers] are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise,” Justice Thomas wrote. “They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”
The Center for Urban Renewal and Education joined an amicus brief in the emergency appeal.
Susan B. Anthony Pro-Life America is another organization deeply concerned about the dangers of mifepristone by mail.
“We urge the administration to do the right thing: Settle this case and restore in-person dispensing immediately, while moving forward on a comprehensive safety review of mifepristone without delay,” said Marjorie Dannenfelser, SBA president.
