WASHINGTON (LN) — The Supreme Court on Thursday issued an order maintaining access to mifepristone by mail, blocking a Fifth Circuit ruling that had barred the mailing of the abortion pill.
The order, issued on the Court’s interim docket, came after requests from Danco Laboratories and GenBioPro to pause the Fifth Circuit’s decision.
Justice Clarence Thomas dissented, arguing that the drug companies “cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”
Justice Samuel Alito also dissented, calling the Court’s order “remarkable.”
The Fifth Circuit had previously barred the mailing of mifepristone, one of two drugs used in medication abortions, which is the most common form of abortion in the United States.
The Supreme Court’s interim order does not resolve the underlying legal challenge to the FDA’s approval of mifepristone, but it preserves the status quo while the case continues through the lower courts.
The decision comes as the Court faces increasing pressure to address the legal status of abortion access following the overturning of Roe v. Wade.
The Court is expected to release orders from its conference on Monday at 9:30 a.m. EDT.