Abortion pills will remain available through the mail until at least Thursday after Justice Samuel Alito extended a temporary pause on a lower court ruling that would have blocked access nationwide while a lawsuit is argued.
The earlier order from the conservative U. S. Court of Appeals for the 5th Circuit had reinstated a requirement that women must visit a healthcare provider in-person to obtain mifepristone, one of two drugs used in medication abortions.
Alito, who hears emergency matters from the 5th Circuit by default, first put the ruling on hold last week as two manufacturers of mifepristone filed an emergency appeal with the high court.
His new order doesn’t necessarily reflect the court’s thinking on the merits of the case and is designed to give the justices more time to mull it over. The pause expires Thursday at 5 p.m. EDT.
The 5th Circuit’s ruling came after Louisiana sued the Food and Drug Administration (FDA) to restrict access to mifepristone.
The state objected to a 2023 FDA regulation that allowed mifepristone to be prescribed through telehealth, in pharmacies and through the mail. The state argued that the FDA’s permissive rules were a violation of the state’s sovereignty and a “quintessential injury.”
Louisiana also asserted FDA didn’t have enough safety data to roll back the in-person dispensing requirement, a claim the manufacturers reject.
After the 5th Circuit sided with the Republican-led state, manufacturers Danco Laboratories and GenBioPro rushed to the high court.
The manufacturers argue Louisiana has no right to sue over the regulation because it hasn’t suffered actual harm. And even if the state did, the manufacturers say removing the requirement is safe.
Notably, the Trump administration did not take a position when the battle landed at the Supreme Court.
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