The U.S. Supreme Court has refused to block an FDA rule allowing the abortion pill mifepristone to be prescribed via telehealth and mailed, preserving access to a drug used in over 60% of U.S. abortions.
What is Mifepristone?
Mifepristone, first approved by the FDA in 2000, blocks the hormone progesterone needed to maintain pregnancy. It is typically taken with misoprostol.
What Does the FDA Rule Do?
The 2023 rule removed the requirement for in-person prescribing, allowing telehealth and mail-order access. It also set strict requirements for retail pharmacies.
What Happens Next?
The ruling stems from a 2025 Louisiana lawsuit. The case is pending at the 5th Circuit Court of Appeals. The rule remains in effect until the appeal is decided.
Other Challenges
Lawsuits by five Republican-led states target the FDA's initial approval and later easing of restrictions on mifepristone. Texas and Florida filed a suit in December; Missouri, Kansas, and Idaho challenge 2016 rules.
Lawsuits Seeking to Expand Access
Physicians challenge FDA certification requirements. A Hawaii judge ruled the FDA must reconsider requirements; a Virginia ruling is pending. Challenges to state laws in West Virginia, North Carolina, and Louisiana are also underway.
How States May Respond
If access is preserved, states may prosecute out-of-state doctors. Texas and Louisiana passed laws allowing private lawsuits. New York's shield law counters such actions.
