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By Anna Commander and Gabe Whisnant
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The Supreme Court on Thursday kept nationwide access to the abortion pill mifepristone in place, blocking lower-court limits while a legal challenge to federal approval rules continues, with conservative Justices Clarence Thomas and Samuel Alito sharply dissenting.
The order preserves a widely used method of abortion and keeps in effect the FDA’s current rules on prescribing the drug even as the justices remain deeply divided.
Women will continue to have access to obtain mifepristone through pharmacies and by mail as the case proceeds, likely into next year.
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Thomas and Alito Dissent, Warn of ‘Criminal Enterprise’
The unsigned order drew sharp dissents from conservative Justices Clarence Thomas and Samuel Alito, who argued that the plaintiffs had not shown they would suffer irreparable harm if the restrictions were blocked. In his dissent, Thomas said the applicants were seeking relief based on “lost profits from their criminal enterprise,” writing that they could not be harmed by an order that made alleged unlawful conduct harder. Alito similarly warned that the ruling allowed what he described as an effort to undermine the court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to proceed.
What Clarence Thomas Said in His Dissent
In dissent, Thomas argued the applicants—the mifepristone manufacturers and allied groups challenging the FDA’s rules—could not claim irreparable harm, writing they “cannot, in any legally relevant sense, be irreparably harmed” by restrictions that make suspected unlawful conduct harder.
"Applicants are not entitled to a stay of an adverse court order based on lost profits from their criminal enterprise. They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes," Thomas wrote.
Alito Says Ruling Undermines State Abortion Authority
Alito wrote, in part, “The Court’s unreasoned order granting stays in this case is remarkable. What is at stake is the perpetration of a scheme to undermine our decision in Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215 (2022), which restored the right of each State to decide how to regulate abortions within its borders."
He later concluded, "Because the manufacturers have not shown that they face any imminent risk of irreparable injury, the Court must deny these applications regardless of how they fare on the other stay factors. I therefore respectfully dissent."
How the Ruling Affects Access to Mifepristone
In a statement sent to Newsweek following the ruling, Democracy Forward President & CEO Skye Perryman said, "The victory we, as a country, secured to permanently expand medication abortion access through the mail or from pharmacies was because the medication is safely provided that way, as years of real world experience and rigorous science show. Anti-abortion extremists’ attempts to paint it otherwise expose their true mission – to weaponize our courts to serve their political interests, ignore decades of scientific evidence proving mifepristone’s safety, and put women directly in harm’s way.
“We are relieved that access to that care remains today, but we know that the threat to science and care remains. Democracy Forward will continue to work with our partners to ensure that the scientific gains made in access to reproductive health are not threatened by brash political agendas.”
Why Louisiana Is Challenging FDA Rules
The lawsuit involves the state of Louisiana attempting to roll back how the Food and Drug Administration’s (FDA) rules on prescribing mifepristone. The FDA cleared the path for the drug to be prescribed without in-person visits five years ago, the Associated Press reports.
Louisiana is questioning the drug's safety, despite its approval in 2000, and challenges the FDA's policy amid the ban in the Republican-controlled state.
Meanwhile, Senator Tammy Baldwin, a Wisconsin Democrat, took to X on Thursday, saying, "Good. This never should have been up for debate. Women in America, regardless of where they live, should have the freedom to control their bodies without any politicians or judges getting in the way."
This is a developing story that will be updated with additional information.
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