U.S. Supreme Court temporarily extends abortion pill access again

By Andrew Rice
The Center Square

The U.S. Supreme Court on Monday extended for three more days an order allowing women to obtain abortion drugs through the mail without visiting an in-person doctor.

In two brief orders, Justice Samuel Alito extended consideration of two cases challenging a Louisiana federal court’s decision to halt mail orders of mifepristone in the state. Danco Laboratories and GenBioPro, two drug manufacturers, filed emergency requests to the court to halt Louisiana from implementing its ban on mail orders of the product.

The court previously extended for one week consideration of both cases while it allowed for lawyers to submit briefs.

In 2023, the Biden administration finalized a policy where people could order the abortion drug mifepristone through the mail without an in-person doctor’s visit.

Louisiana already has a ban on the abortion drug mifepristone, but sought to prevent its access through the mail from other states.

Lawyers for Danco Labs said Louisiana’s order could lead to a patchwork of varying state regulations on drug regulation across the country.

“‘Opening the door to state-by-state second-guessing of drug regulation would place [drug] sponsors in an untenable position between potentially conflicting state positions,’ which has the consequence of ‘impact[ing] the pharmaceutical industry’s decision-making in a manner that hurts innovation and public health,'” lawyers for Danco labs wrote in a brief to the high court.

Lawyers for Louisiana argued the Biden administration policy is illegal and does not properly address harms caused by not requiring an in-person doctor’s visit to obtain abortion drugs.

“They have no claim that the public has any interest in perpetuating an unlawful agency action that the agency itself refuses to defend, particularly where the very unlawfulness involves a failure to adequately assess safety risks,” lawyers for the state wrote.

Justices on the court will continue to deliberate both cases until Thursday.