A divided Supreme Court on Thursday indefinitely extended a freeze on strict new restrictions for dispensing the widely used abortion pill mifepristone while an underlying legal fight over the drug plays out. The order provides legal certainty for pharmacies, telehealth companies and clinicians caught up in the latest battle over accessing the pill.
The widely expected order provides legal certainty for pharmacies, telehealth companies and clinicians caught up in the latest battle over accessing the pill. Teleprescribing and mailing of abortion drugs now account for more than 60% of all abortions in the health system.
Justices Samuel Alito and Clarence Thomas dissented. Alito had issued two earlier stays freezing a ruling by the 5th U.S. Circuit Court of Appeals that would have required patients to see a provider in person before getting the drug. Drugmakers Danco Laboratories and GenBioPro had asked the high court to restore access to mifepristone through telehealth prescriptions and mail delivery.
The case drew a flurry of briefs from Congress, state attorneys general and local governments on both sides of the abortion debate. A group of former FDA commissioners and the drug industry lobby PhRMA have also argued the 5th Circuit decision creates serious consequences for the entire drug approval process.
The order keeps the status quo while litigation continues, but the underlying case remains unresolved and could return to the high court later.