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Supreme Court Keeps Abortion Pill by Mail

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The Supreme Court on Thursday blocked a lower court ruling that would have restricted mail-order access to the abortion pill mifepristone. The brief order leaves the FDA's current regulations in place while litigation continues, a major win for reproductive rights groups and the drug's manufacturers, Danco Laboratories and GenBioPro. The Fifth Circuit had sided with Louisiana's attempt to reinstate an in-person dispensing requirement.

Nearly two-thirds of U.S. abortions now use pills, with about one-quarter via telehealth. The FDA removed the in-person rule in 2021, enabling access even in states with strict bans. Louisiana's lawsuit claims the FDA's decision was based on flawed data, but medical organizations cite over 100 studies confirming mifepristone's safety and rare serious complications. The state argued the policy led to 1,000 illegal abortions monthly and increased Medicaid costs.

The clash places the Trump administration in a tight spot ahead of the midterms. While the Justice Department defended the FDA in lower courts, it took no position at the Supreme Court after the appeals loss. The manufacturers warned that upholding the Fifth Circuit's decision would create industry-wide chaos, inviting states to second-guess federal drug approvals. The Supreme Court could eventually hear the case again, but for now, access via telehealth and mail remains uninterrupted.