U.S. Supreme Court blocks lower court's ban on telemedicine and mail access to mifepristone

Litigation on the matter is set to continue in the lower courts and could return to the Supreme Court down the line. But, for now, telemedicine, mail delivery, and pharmacy dispensing of the medication — which can be used to end a pregnancy — can continue where it is otherwise legal.

U.S. Supreme Court blocks lower court's ban on telemedicine and mail access to mifepristone
Photo by Wesley Tingey / Unsplash

Last week, CG heard from reproductive rights experts about how the latest legal threats to the provision of mifepristone via telehealth could constitute, among other things, a climate issue, particularly for those whose access to in-person abortion care can be disrupted by extreme weather. 

Now, after first intervening to temporarily stay a decision from the 5th U.S. Circuit Court ‌of Appeals that would have required in-person care for the abortion medication, the U.S. Supreme Court ruled on May 14 to allow telemedicine, mail delivery, and pharmacy dispensing of mifepristone to continue. 

According to the New York Times, "The issue could eventually return to the high court," where yesterday Justice Clarence Thomas wrote a dissent invoking the Comstock Act, an 1873 anti-vice law that some have said could be leveraged to ban mail delivery of abortion medication. 

The Guttmacher Institute, a reproductive rights organization, has indicated that litigation on the matter is set to continue in the lower courts. Meanwhile, anti-abortion group Students for Life of America said it "won’t stop fighting" against access. For now, though, such dispensing of the medication can proceed in states where it is otherwise legal.

In the meantime, reproductive health advocates stress that an alternative course of medication abortion — the misoprostol-only regimen — also exists. And the Society for Family Planning has announced a funding opportunity for researchers investigating the "effectiveness, safety, and acceptability" of a regimen using misoprostol and ulipristal acetate.

Kirsten Krueger contributed to the editing of this article.

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