The United States Supreme Court has intervened to temporarily maintain widespread access to mifepristone, a commonly used abortion pill, by blocking significant restrictions previously imposed by a lower court. This decision ensures that access to the medication will likely remain unchanged while an underlying lawsuit proceeds, a process that could extend into the coming year. The high court’s order effectively halts limitations that would have made it more difficult for individuals to obtain the pill.

Mifepristone is the initial medication in a two-pill regimen recommended by the Food and Drug Administration (FDA) for terminating pregnancies. It has become the most prevalent method for abortion in the U.S., particularly in states where abortion procedures have been banned or severely restricted. The legal challenge leading to the Supreme Court’s involvement began with a lawsuit filed by the state of Louisiana against the FDA, arguing that the nationwide mail delivery of mifepristone infringed upon the state’s own abortion prohibitions.

Earlier this month, an appeals court sided with Louisiana to some extent, temporarily reinstating a requirement for abortion pills to be obtained in person, thereby reversing the FDA’s prior authorization for telemedicine consultations and mail delivery. This ruling prompted two manufacturers of mifepristone to appeal to the Supreme Court, seeking an emergency stay to prevent the restrictions from taking effect. The Supreme Court’s recent ruling, issued without accompanying reasoning, is a “stay” from its emergency docket and will remain in force until the justices decide whether to formally hear the manufacturers’ full case.

Justices Clarence Thomas and Samuel Alito registered dissents from the majority decision. In his dissent, Justice Thomas asserted that since mailing mifepristone is considered illegal in Louisiana, the drug manufacturers were not entitled to block a court order based on “lost profits from their criminal enterprise.” This legal saga unfolds against a backdrop of significant shifts in abortion rights across the U.S., following the Supreme Court’s 2022 decision to overturn Roe v. Wade, which paved the way for over 20 states to enact bans or restrictions on abortion. The FDA had previously expanded access to mifepristone, including permanently allowing mail delivery in 2023, a move that has been at the heart of recent legal challenges.