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The Supreme Court issued a temporary stay on a federal appeals court ruling that restricted access to the abortion pill mifepristone, allowing it to be dispensed via mail and telehealth for now. The appeals court had reinstated in-person requirements, causing confusion among providers and patients. The stay lasts until next Monday, as the court considers further arguments.
ForbesThe Supreme Court on Monday temporarily restored access to the abortion pill mifepristone through telehealth, mail, and pharmacies, blocking a federal appeals court ruling from Friday that had restricted distribution. Justice Samuel Alito issued an administrative stay pausing the 5th U.S. Circuit Court of Appeals decision, which had reinstated a requirement for in-person dispensing.
The stay preserves current rules until next Monday evening, giving parties until Thursday to submit additional information to the court.
The 5th Circuit's unanimous ruling on Friday dialed back access by removing allowances for mail-order prescribing, even in states where abortion remains legal. This followed a lawsuit from Louisiana challenging Food and Drug Administration rules expanded under the previous administration, which eliminated the in-person visit requirement for mifepristone, approved in 2000.
Providers reported immediate disruptions, with some pausing telehealth prescriptions and others switching to alternative drugs like misoprostol, which can be used alone safely. The Supreme Court's action brought temporary relief, but uncertainty persists over potential long-term limits on teleprescribing.
Wade, placing the issue at the forefront in an election year. The Trump administration has argued for pausing court proceedings until the Food and Drug Administration completes a safety review of the drug, a position that has drawn criticism from anti-abortion groups seeking to restore stricter requirements.
Abortion rights advocates described the appeals court decision as creating chaos for patients and clinicians, marking a significant disruption since the Dobbs ruling. Both sides note that mail access has mitigated impacts of state bans post-Roe. The administration has remained silent since Friday's ruling, with spokespeople not responding to requests for comment.
Legal experts highlighted that the government's limited defense of the rules influenced the appeals court's decision to halt teleprescribing. Questions linger on handling existing prescriptions written under current rules. The case stems from Louisiana's challenge to rules allowing telehealth and mail access, though no final decision has been made on the underlying arguments.
Observers are watching whether the administration will weigh in now that the Supreme Court is involved. The drug maker noted in a brief that overturning the system would leave prescribing rules undefined. Providers expressed a sense of impending further changes despite the temporary stay.
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